HISTORY OF THE COLONY 
OF NOVA-CAESARiA, OR 
NEW JERSEY 




NEW 
JERSEY 




HERITASE SEIIES 



N 
o 



With this volume, "The History 
of the Colony of Nova-Caesaria, or 
New Jersey ... to the Year 1721/' 
The Reprint Connpany opens a Her- 
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The New Jersey Series is also 
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Library of Congress Catalog Number: 66-63920 



An Introduction to 

This Volume and the Author 



This first history of New Jersey was written by 
Samuel Smith and published at Burlington in 1765. 
His work, "The History of the Colony of Nova- 
Caesaria, or New Jersey . . to the Year 1721/' is 
an important source book or; New 'ersey in the 
Colonial period as it w ^ w'i''tfr ' _;-■. many docu- 
ments now lost. This earliest hi-r-tory begins with the 
age of discovery. It has an cppendix of origin:;! 
documents a cursory review covering 1721 to 1725, 
a chapter on Indian affairs, and a geographical de- 
scription of the Colony by counties. 

Samuel Smith was well qualified to write this 
first general history. He was born in Burlington, 
New Jersey, in 1720 and held many New Jersey 
offices during his lifetime. He died at Burlington in 
1776. A biographical sketch of the author appears 
in this edition. 

As previously mentioned, the first edition was 
published at Burlington in 1765. A second edition 
was published in 1877 and reprinted in 1890 with 
an added appendix and index. This reprint is from 
the 1890 edition. 



KENNETH W. RICHARDS, 
Head, Archives and History Bureau, 
New Jersey State Library, 
Trenton, New Jersey. 
'February 8, 1966 



THE 



COLONIAL HISTORY 

OP 

NEW JERSEY. 



WITH XIA-PS. 

PUBLISHED BY AUTHORITY 

OP THE 

STATE OF NEW JERSEY. 



TRENTON, N. J.! 
WILLIAM S. SHARP. 

1890. 



Entered according to Act of Congress, in the year 1890, by 

WILLIAM S. SHARP, 
In the Office of the Librarian of Congress, at Washington. 



THE 

HISTORY 

O F 

THE COLONY 

O F 
NOVA-C-^SAEIA, or NEW-JERSEY: 

CONTAINING, 

AN ACCOUNT OF ITS FIRST SETTLEMENT, 

PROGRESSIVE IMPROVEMENTS. 

THE ORIGINAL AND PRESENT CONSTITUTION. 

AND OTHER EVENTS, 

TO THE YEAR 1721. 

WITH 

SOME PARTICULARS SINCE; 

AND 

A SHORT VIEW OF ITS PRESENT STATE. 
By SAMUEL SMITH. 



BURLINGTON, in NEW-JERSEY: 

Printed and sold by James Parkek : Sold also by 

David Hall, in Philadelphia. m,dcc,lxv. 



\<^ 



C-CrknO&^ 



HitfJci'ttiTi^ 






t'S<!^i\epi7Uiiie4>ncJi- 



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j^"'' 



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'Wa.ranawankcmi^ s 









Clailurs 



W:^2>^ 



iCOXOME 

^•^3:^3 •^^Qft J?^r^4 ^ 

S'du>on^e^ 'i_^?j4 Tapp aans 1 

^« V ""i'Tes/eltaK Mm-/ ,x)ti^^ 




SKETCH OF THE AUTHOR. 



Samuel Smith, author of the " History of New Jersey," was eldest 
eon of Richard Smith, esquire, of Burlington, member for twenty 
years of the Assembly of West Jersey, and a flourishing merchant in 
Burlington and Philadelphia. 

Richard Smith was the only son of Samuel Smith the elder, of 
Bramham, West Riding of Yorkshire, England, who came to New 
Jersey in 1694, and was for several years a member of the Assembly. 
The father of the first Samuel Smith, Richard Smith of Bramham, 
Yorkshire, was one of the original proprietaries of West Jersey, and 
he and his two eldest sons, John and Daniel, brothers of the elder 
Samuel Smith, signed as proprietaries the "Concessions and Agree- 
ments of the Proprietors and People of West Jersey," the fundamen- 
tal constitution of the province. 

To the above-mentiond John Smith was allotted one of the ten 
original town lots of the " London Proprietors," in Burlington, with 
its annexed wood or forest lot. 

Our author, who was born "12th mo., 13th, A. D. 1720," engaged, 
as a young man, in his father's business as a West India merchant, 
and, for a time, removed to Philadelphia. He finally settled at 
Burlington, where his town-house was the one since known as the 
"Coleman" house. The fine estate of "Hickory Grove," a little 
beyond the " London Bridge," was his country-seat or "plantation." 
He married in the "eleventh" month, 1741, Jane, daughter of 
Joseph Kirkbride, and by her had several children. 

He was a man of most benevolent heart, and of a conscientious 
uprightness and exactness in the discharge of duty. His reading 
was extensive and accurate ; tlie several historical works composed 
by him, showing the fruits of careful research, and a clear and 
agreeable style. He was the originator of the benevolent efforts 
which resulted in the colonization of the remnant of the New Jersev 



Sketc^h of the Author. 

Indians at the " Brotherton " settlement ; drew up, in 1757, the 
constitution of the " New Jersey Society for Helping the Indians," 
and signed its subscription list with twenty pounds. In all the 
family relations, as son, brother, husband and father, Samuel Smith 
was most exemplary, and was besides a prominent and useful mem- 
ber of his religious community, " The Friends." 

In 1765, Samuel Smith had the press of the "King's Printer" 
moved to Burlington for the purpose of printing his " History of 
New Jersey," as appears by the following extract: 

"In 1764, James Parker, printer to the King for the Province of 
New Jersey, compiled and printed a ' Conductor Generalis ' for 
Justices of the Peace, he then holding that office in Middlesex 
county, and the following year moved his press from Woodbridge to 
Burlington for the accommodation of the author of the History of 
New Jersey, (Smith), but on the completion of the work it was 
returned to the former place." ( Whitehead'a Contributions to East 
Jersey History, p. 376.) 

Samuel Smith filled some of the most important public offices in 
the Province of New Jersey. He was, for many years, a member 
and Secretary of the King's Council, Treasurer of the Province, &c., 
&.C. He died in 1776. His brother Kiciiard was a member of the 
Continental Congress. 



CONTENTS. 



CHAP. I. 

A brief view of the discovery of America, and of the present pre- 
vailiny opinion respecting the manner it originally became peopled. 

page 1 

CHAP. II. 

An account jj the country on Delaware and the North-River, while the 
first was in possession of the Dutch and Swedes, p. 19 

CHAP. in. 

The particulars of the English conquest, in 1664 ; and the transactions 
afterwards, respecting the inhabilanls on Delaware; The arrival of 
Fmncis Lovelace, as governor ; part of his administration, and de- 
scription of the Hoarkills. p. 35 

CHAP. IV. 

King Charles the second, and duke of York's grants, whence lord 
Berkeley and sir Oeorge Carteret became seized of New- Jersey : The 
^rst constitution of government under them : The settlement of Bergen, 
Middletown, Shrewsbury, and Elizabeth- Town : Philip Carteret 
appointed governor of Jersey : The Indian purchase of Elizabeth- 
Town, by the settlers ; and the first general Indian purchase by the 
proprietors, &c. p. 59. 

CHAP. V. 

Major Andross appointed governor of New- York : Takes possession at 
Delaware: Arrival of the first English settlers to West-Jersey, under 
the duke of York^s title : Lord Berkeley assigns his moiety ef New- 
Jersey to Byllinge, and he in trust to others : Their letter and first 
commission : New-Jersey dirided into the provinces East and West 
Jersey ; and the declaration of the West-Jersey proprietors. p. 77. 

CHAP. VI. 

Arrival of more settlers to West- Jersey : Their difficulties: Their 
purchases from the Indians ; They lay out a town : Some of their 
first sentiments of the country ; and an account of the duke of York's 
two last grants, being for the provinces East and West New-Jersey 
separately. p. 92. 

CHAP. VII. 

Letters from some of the settlers of West- Jersey ; and arguments against 
the c:ustoms imposed at the tloarkill -by the governor of New- York. 
p. 111. 7 CHAP. 



viii CONTENTS. 

CHAP. VIII. 

The first form of gevemment in West-Jersey under the proprietors : The 

first laws they made : The method of regulating land affairs ; and a 

further account of the Indians found in the first settled parts of these 

provinces. P- 126 

CHAP. IX. 

Another ship arrives at West-Jersey : Proceedings of the general assembly 
of West-Jersey : Sir George Carteret's death : Conveyances to the 
twelve Eastern proprietors : Their proposals and regulations in several 
respects; particularly in disposing of lands and building a town at 
Ambo point : The twelve proprietors each take a partner, and thence 
are called the twenty-four ; to whom the duke of York makes a third 
and last grant : The twenty-four establish the council of proprietors of 
East-Jersey, on the fooling it now is: A general view of the improve- 
ments in East- Jersey in 1682: A compendium of some of the first 
laws passed at Elizabeth- Town : Doubts started whether the govern- 
ment of West-Jersey was 'granted with the soil : Jenings continued 
governor of West-Jersey : And laws now passed there. p. 150 

CHAP. X. 

Robert Barclay appointed governor of East-Jersey, and T. Eudyard 
deputy: Letters from Rudyard, S. Groome, Lawrie, and others, con- 
cerned in that settlement. p. 166 
CHAP. XI. 

Manner of the West-Jersey government in 1684 ; their unsettled state 
and succession of governors : Danger of suffering for want of food in 
1687 : The division line run by G. Keith ; an agreement between 
the governors Coxe and Barclay : Alteration in themanner of locating 
lands in West Jersey, and the method now in use fixed : No person in 
West-Jersey to purchase from the Indians, without the consent of the 
council of proprietors : And instructions respecting deeds and warrants 
for takinq up lands. P- 189 

CHAP. XII. 

A flood at Delaware falls : Death and character of Thomas Olive, 
Thomas Gardiner and John Woolston ; Commotions in East and 
West Jersey : Surrender of the two governments to queen Anne : Her 
acceptance thereof; and her commission to lord Cornbury. p. 208 

CHAP. XIII. 

Instructions from queen Anne to lord Cornbury. p. 230 

CHAP. XIV. 

Observations on lord Oornbury's instructions, and the privileges origi- 
nally granted to the settlers ; with abstracts of some of them. p. 261 

CHAP. XV. 

Lord Cornbury convenes the first general assembly after the surrender^: 
His speech, their address, and other proceedings : Queen Anne's 
proclamation for ascertaining the rates of coin : Cornbury dissolves 

the 



CONTENTS. ix 

the assembly, and meets a new one to Aw mind: Their proceedings 
and dissolution : A summary of the establishment and practice of the 
■council of proprietors of We^t-Jer^ey : Another assembly called ; who 
remonstrate the grievances of the province. p. 275 

CHAP. XVI. 

Lord Cornbury^s answer to the assembly's remonstrance p. 296 

CHAP. XVII. 

The assembly's reply to lord Cornbury's answer to their remonstrance. 

p. 311 
CHAP. XVIII. 

Memorial of the West-Jersey proprietors residing in England, to the 
lords commissioners for trade and plantations : The lieutenant governor, 
with some of the council, address the queen : The last meeting of 
assembly under Cornbury's administration : They continue their com- 
plaints : Samuel Jenings's death and character. p. 336 

CHAP. XIX. 

Lord Lovelace arrives governor : Convenes a new assembly ; they 
apply to him for a hearing on the subject of the lieutenant governor 
and council's application to the queen : His death ; is succeeded, by the 
lieutenant governor Ingoldsby : The first paper currency: Arrival of 
governor Hunter : A short account of the first expedition to Canada: 
A new assembly chosen: Their first sessioyi wi Hunter's time. p. 355 

CHAP. XX. 

Representation of the general assembly to governor Hunter and his 
answer. p. 375 

CHAP. XXI. 

A. session of general assembly : A second expedition to Canada : Electing 
of a new assembly : They quarrel : Some members designedly absent 
themselves: Expell'd the house: Several of them again returned, 
and refused seats : A fruitful session at Crosswicks : Last session in 
Hunter' s time : An act passed for running the division line between 
Easu and West-Jersey : William Burnet arrives governor : An un- 
■common wet harvest : Governor Burnet meets a new assembly, p. 399 

CHAP. XXII. 

Occurrences since the year 1721. p. 419 

CHAP. XXIII. 

The present state of Indian affairs in New- Jersey. p. 440 

CHAP. XXIV. 

A short geographical description of the province ; and additional view 
of its present state. p. 485 

APPEN- 



CONTENTS. 
APPENDIX. 

Numb. i. The concessions and agreements of the lords proprietors of 
the province of New Ccesaria, or New- Jersey, io and with alt 
and every of the adventurers, and all such as shall settle or 
plant there. p. 512 

Numb. ii. The concessions and agreements of the proprietors, freehold- 
ers and inhabitants of the province of West New Jersey, in 
America. p. 521 

Numb. ni. A brief account of the province of East-Jersey, in America, 
published by the present proprietors, for information cf all 
such persons vtho are or may be inclined to settle themselves, 
families and servants, in that country, p. 539 

Numb. IV. Governor Coxe's narrative relating to the division line, 
directed to the council of proprietors of West- Jersey. 

p. 546 

Numb. v. The council of proprietors of West-Jersey to governor Bur- 
net, p. 551 

Numb. yi. Reasons and proposals for an amendment of the quinti- 
partite line, and the act made for the confirmation thertof. 

p. 554 

Numb. VII. Minute of the council of proprietors, held at the city of 

Perth-Amboy, August 17, 1742. p. 555 

Ncmb. VIII. Tiie remonstrance and humble petition of the inhabitants 

of East New-Jersey. p. 558 

Numb. ix. The memorial of the proprietors of East New- Jersey. 

p. 560 

Numb. x. Opinion and answer to the lord commissioners, <&c. p. 562 
Numb. xi. Memorial of the East Jersey proprietors to the lords of 
trade. p. 564 

Numb. XU. The petition of the proprietors of East and West Jersey, 
to the lords justices. p- 565- 

Numb. xiii. Representation of the lords of trade to the lords justices. 

p. 56& 

Numb. xiy. The memorial of the proprietors of East and West Jersey. 

p. 570 



THE 



THE 



PREFACE. 



ALTHOUGH among the following Papers 
there are some of consequence in point of interest 
to most concerned in the province of New-Jersey, 
several of them were not to be found on record in the 
publick offices, severed were scattered in different provinces, 
others could not be easily obtained, some tho' in print 
formerly were in but few hands, some never made publick, 
and many in danger of being lost ; on this account what- 
ever success may attend this undertaking as to the general 
design, or disposition of the facts. His some satisfaction, 
that the labour of collecting them cannot be altogether 
useless. 

Whoever will be at the trouble of an enquii^y into the 
general inexperience and methods of colonizing formerly, 
especicdly at the time tlie settlements here were first 
attempted under grants, will find but little reason to doubt, 
that views of permanent stability to religious ami civil 
freedom, must have been the inducement to tJie original 
adventurers to think of such a voyage. The New- England 
governments had before been considerably settled from 
motives of a like kind ; these, tho' near forty year's Icder in 
their removal, were also protestant dissenters, and involved 
in the general insecurity, that such wiUi reason appre- 
hended in the reign of king Charles tlie second ; and the 
actual sufferings of many, through the mistaken policy of 
that time, merely for a free exercise of their religious seati- 

11 metits 



xu PEEFACE. 

merits, with their own accounts of their removal, renders 
it as to them indisputable; and in this, as they do not 
appear to have been charg'd with any indii'ect violation of 
religious integrity, so no instance occurs of dissatisfaction 
among themselves, tho' many of them were remarkably 
lender on that head ; with the motives above, some of them 
had without doubt, a distant prospect also of improving 
their estates ; but this could not be the case so mu/ih at first 
as afterwards. 

However smooth the passage may look now, it must be 
a reasonable supposition, that persons and families, who 
lived well {which was the circumstance of many of the 
settlers of this province) found it no inconsiderable trial, 
to unsettle and remove 3000 miles ; besides parting with 
the usual connections of friendship and neighbourhood, it 
was in a great measure an unprov'd experiment ; and then 
much out of the common course of things : The navigation 
also to this paii of the continent, for want of experience, 
looked diJicuU, and the wilderness formidable ; but what- 
ever were their motives, they successively encountered 
the hazards and hardships to which the enterprize was 
eccposed; and, at their own expense, by the blessing of 
divine providence on their labour, fnigality and industry, 
laid the foundation for the present improvement of terri- 
tory to the mother country; which, tho' not in many 
respects to be compared to colonies of greater extent and 
growth, is nevertheless a link in the chain of some consi- 
derable importance. 

That a century should pass, ana very little appear 
abroad of what the settlers here have been dovng, is not 
80 much to be wondered at, when their difUculties in 

proom-ing 



PREFACE. xiii 

procuring the conveniencies of living are considered; but 
this will Jiardly be allowed, when the too general negligence 
as to particular rights of indimduals, and the reputation 
of civil policy comes in question : Till jery lately, a 
variety of matters of that kind, were as much secrets to 
most of the inhabitants, as they commonly are to strangers ; 
and yet in many parts of the province, are justly made 
the subject of general complaint. 

Whether the endeavours here used for bringing these 
into one historical view, will sufficiently answer the pur- 
poses of a more general information, must now be submitted 
to experience ; they were undertaken with hopes of service 
to the province, and if found but in a small degree con- 
tributing to that, the end is so far answered : With this 
view, they were several years since designed for the 
publick, and nearly prepared ; but other occasions inter- 
fering, necessarily delayed, their appearar^ce, much longer 
than was expected. Being sent to the press sometime in 
the last spring, no transaction that hath happened since,, 
could be included, or is in any respect alluded to : On a 
continuation, these will of course follow in their places. 

To a collection principally intended to consist of a plain 
state of facts, much need not be premised ; this may with 
justice be said, that through the whole, the strictest 
impartiality has been attended to, and if in other respects 
executed according to intention, they are offered to the 
publick, with as few material omissions, as the present 
opportunities of collecting would allow ; yet the diffidence 
attending an attempt from papers in great part not used 
before on the like occasion, ivould plead for some allowances 
as a few mistakes, especially in dates, and other minutice, 

among 



xiv PREFACE. 

ainong the smaller facts, may have escap'd, notwith- 
standing an assiduous care to avoid them ; but these it is 
hoped will not be found so considerable, as to obstruct the 
service intended. 

As nothing is aim'd at, more than a fair and candid 
representation ; any friendly hints, or materials necessary 
either for correction or improvement, will be thankfully 
received, and Uie first opportunity embrac'd to apply them 
nccordingly. 

»> Burlington, 1 

oth October, 1765. J 



THE 



HISTORY 



O F 



New-Jersey. 



CHAP. I. 

A brief view of the discovery of America, and of the 
present 'prevailing opinion rcspjccting the manner it 
originally became peopled. 

^§^^1^%^ HE first effectual discoverers of j^gg." 



(^ ^ America among the moderns, were 

c^. nn ^ Cliristophoro Colon, or Colombo, 
Ssj I Ht . . . 

f ^ and Araerico Vespucci, or Vesputius ; 

«^s!? B^ of these the former is supposed to 

#f!i^||l^^^ have been a Genoese by birth, the 
other a native of Florence: From him the new 
world took its name, yet his history in other parti- 
culars is too intricate to afford much satisfaction.** 

That 

a. He made two voyages in 1497 and 1498, in the service of 
Spain: Another in 1501, in the service of Portugal: In the first 
he fell in among the Caribbee islands ; and the last with three ships 
arrived to and discovered the eastern continent of America, in 

five degrees of south latitude. 

"America is a more common than fitting name, seeing Americas 
" Vespucias the Florentine, from whom this name is derived, was 
"not the first finder nor author of that discovery: Columbus will 
"challenge that, and more justly, with whom and under whom 
" Americus made his first voyage; howsoever after that he coasted 
"a great part of the continent which Columbus had not seen, at 
" the charges of the Castilian and Portugal kings; but so it might 
"more rightly be termed Cabotia or Sebastiana, of Sebastian Caltot, 

A "a 



2 TfiE HISTOKY 

A. p. That of the first under the well-known name of 
Columbus Christopher Columbus, is readily traced; with him 
therefore we begin, as the person principally con- 
cerned in the discovery. 

He had applied himself to the study of astronomy 
and geography, and very early appeared to have a 
more than common desire to understand the state of 
all countries upon the face of the globe, and to make 
new discoveries ; which probably was his reason for 
settling at Lisbon, no nation having push'd their 
discoveries further than the Portuguese at that time; 
here he employed himself in drawing maps and 
charts, and preparing himself for future enterprizes. 
He married and settled in Lisbon, was of a good 
family, a grave and temperate man, b. of competent 
learning, studious in the mathematicks, and from 
his youth bred to navigation. 

What the particular motives were that induced 

him to search after this new world, are not certainly 

, known ; some attribute it to informations he had 

received, others to his skill in the nature of the globe ; 

that this made him conclude it probable there must 

.be a great tract of land to the ^vestward of Spain, 

V that it was not to be imagined the sun when it set in 

that 

"a Venetian, which discovered more of the continent than they 
"both, about the same time, first employed by king Henry the 
"seventh of England. — Columbus yet as the first discoverer deser- 
"veth the name, both of the country for the first finding, and of 
"modesty,, for not naming it by himself, seeking rather efiects 
"than names of his exploits." Purchas's Pilgrim, p. 792. 

h. His son who wrote his history, says, he was moderately tall 
and long visaged, his complexion a good red and white, that he 
had light eyes, and cheeks somewhat full, but neither too fat nor 
too lean; that in his youth he had fair hair, which turned grey 
before he was thirty years of age ; that he was moderate in eating 
and drinking, affected a plain modest garb or dress ; that he was 
naturally grave, but affable to strangers, and pleasant frequently 
among his domestics, strict and devout in religious matters, and 
tho' a seaman, was never heard to swear or curse. 



Of NEW-JERSEY. I 

that horizon gave light to nobody : Whatever gave A. D. 
rise to the project, a discovery he resolved to attempt, 
and Deing unable to do it at his own charge, he first 
oftered his service to the Genoese, next to the king of 
Portugal; not meeting with encouragement from 
either, h« sent his brother Bartholomew to England, sends his 
to jffer his service to Henry the seventh : King Henry Bartholo- 
approved his proposals; but the brother on his return I?l^^^ ^^ .. 
being taken by pirates, and Columbus receiving no 
answer, left Portugal and went to Spain : On his 
application to Ferdinand and Isabella, king and queen 
of Castile and Arragon, he succeeded so well, that 
in the year 1492, they provided him with money, and 
entrusted him with three small ships for the expedition ; 
he also obtain'd a grant from them to be admiral of 
tlie western seas; all civil employments as well as 
governments in the continent or world to be discovered 
were to be wholly at his disposal ; and besides the 
revenues of the posts of admiral and vice-roy, he was 
to enjoy a tenth of all the profits arising by future sails with 
conquests; his little squadron manned only with ninety 
men set sail from Palos for the Canaries the third of 
the month called August, 1492, and arriving at those 
islands the twelfth, sailed from thence the first of 
September, upon his grand design : he had not sailed 
a fortnight to the westward before his men began to 
murmur at the enterprize; they observed the wind 
constantly set from east to west, and apprehended 
there would be no possibility of returning if they 
missed the land they were made to expect ; on the 
nineteenth observing birds to fly over their ships, and 
on the twenty-second weeds driving by them, they 
began to be better satisfied, concluding they were not 
far from land : they continued their course several 
days farther westward, and meeting with no land, the 
seamen mutinied to that degree, that they were almost 

ready 



4 The HISTORY 

A. D. ready to throw the admiral overboard, and return 
1492. . . 

home, when happily for him they saw more birds, 

weeds, pieces of boards, canas, and a shrub with the 
berries upon it, swim by them, which made them 
conjecture there must be islands thereabouts: It was 
on the eleventh of October, about ten at night, that 
the admiral first discovered a light upon the island of 
His first Guanahani,c- or Si. Salvador, as he named it, in con- 
sideration that the sight of it delivered him and his 
men from the fear of perishing: It is one of the 
Bahama islands, about fifteen leagues long, in the north 
latitude of 15 degrees.^- Day appearing, the ships 
came to anchor very near the island ; the natives 
crowded the shore, and beheld the ships of these new 
comers with astonishment, takifig them for -living 
creatures.^- The admiral believing there was no great 
danger to be apprehended from them, went ashore in 
his boat, with the royal standard, as did the other two 
■captains, with their colours flying, and took possession 

of 

.c. A bay or harbour of sea or water. 

d. All that is commonly remembered of the sailor who first 
■discovered land, is, that expecting some great reward from the 
king of Spain, and disappointed, he took it in his head in a rage 
to renounce Christianity, and turn'd Mahometan. 

e. One of the River Indians, in his speech at the treaty of 
Albany, 1754, relates the surprize of their forefathers at tlie sight 
of the first ship that came up the North river in the same manner; 
his speech so far as relates to this subject was as foil o wet h : 
'Fathers, we are greatly rejoiced to see you all here; it is by 
'the will of heaven that we are met here, and we thank you for 
'this opportunity of seeing you altogether, as it is a long while 
''since we had such a one: Fathers who sit present here, we will 
'just give you a short relation of the long friendship which hath 
"'subsisted between the white people of this country and us: our 
■'forefathers had a castle on this river; as one of them walked out 
■'he saw something on the river, but was at a loss to know what 
■^ it was ; he took it at first for a great fish ; he ran into the castle, 
'and gave notice to the other Indians; two of our forefather* 
' went to see what it was, and found it a vessel with men in it ; 
■* they immediately joined hands with the people in the vessel, and 
■* became friends.' 



Of new- jersey. 

of the country in the name of the kinsr and queen of A. D. 

T • • 149"' 

Spain with great solemnity ; the Indians mean while 

stood gazing at the Spaniards without attempting to 
■oppose them. The admiral ordered strings of glass beads, 
■caps and toys to be distributed among the natives, with 
which they seemed much pleased : The principal orna- 
ment about them was a thin gold plate in the form of a 
crescent, hanging from the nose over the upper lip ; 
the admiral demanding by signs, whence they had their 
gold plates, they pointed to the south and south-west; 
he rowed in his boats about the island, to discover if 
there was any thing worth his settling there, followed 
by the natives every where, who seem'd to admire 
him and his people as something more than human : 
From this island coasting southward 180 leagues, he 
arrived at another, which he called Hispaniola, where discovers 
his own ship striking on a hidden rock was lost; he ^i^'P^'^o- 
and his crew were taken on board one of the other 
vessels ; landing here, the natives, instead of behaving 
as the others had done, fled from him ; but taking 
one of their women, treating her kindly, and then 
letting her go back among them, she brought num- 
bers to traffick, who seem'd very peaceably dispos'd; 
and by some means, or other finding there were gold 
mines in this island, Columbus, aided by the natives, 
built a fort, left thirty-nine men, with provisions for 
a year, seeds to sow, and trinkets to trade with the 
natives : After discovering a good part of the north 
and east coast of Hispaniola, trading with the Indians 
in diverse place, and near three months stay in the 
island, he bent his course homewards, and arrived at reiurns. 
Palos, in Andalusia, early in the spring 1492, 3 ; 1493. 
having perform'd the voyage in seven months and 
eleven days: Here the people received him with a 
solemn procession and thanksgiving for his return, 
most of his seamen belonging to that port; ti .ving 

and 



The history 



A. D. 

1493. 



Cabot's 



1497. 
adrenture. 



finds 
Greenland 



and New- 
foundland 



and queen of Spain being at Barcelona, wlien the 
admiral drew near the city, the court went out to meet 
him ; he was receiv'd with the honors due to a 
sovereign prince: Having given an account of his 
voyage, he begged to be equipped according to the 
dignity of his character of admiral and viceroy, that 
he might plant colonies in the places he had thu& 
discovered, which was readily granted ; and he after- 
wards made diverse other voyages to America./- 

The fame of the discovery, and of the rich cargoes 
brought to Old Spain at several times from thence, 
being spread through &ther nations, gave rise to other 
adventurers. The next attempt was made by Sebastian 
Cabot, a Venetian by extraction, but born in England, 
and being much given to the study of navigation, and 
well skill'd in cosmography, he believed there might 
be a passage found by the north-west to the East 
Indies shorter than that lately discovered by the Cape 
of Goodhope ; he made Interest with Henry the 
seventh of England, who fitted out two ships to 
make the discovery. 

In 1497, Cabot sailed from Lisbon, in the begin- 
ning of summer, and steering his course north-west, 
came up with land about 60 degrees north latitude, 
supposed to have been Greenland ; 9- but perceiving- 
the land still run north, he changed his course, in 
hopes of finding a passage in less latitude. About the 
50th degree, he saw that which is now well known by 
the name of Newfoundland : Here he took three of 
the natives, and coasted southward to the latitude of 

3a 



/. He died in the city of Validolid in Spain, in the spring 1506, 
and was buried in the cathedral of Seville, with this inscription on 
his tomb, that Columbus had given a new world to Castile and Leon. 

g. This country is considered as part of the American continent,, 
both by Hornins and Grotius. Grotius apud Horn, de orig. Gent, 
American, Lib. iii. c. 5, 6, pa. 149, 162. ut et ipse Horn. ibid. 



Of new -jersey. 

S8 degrees; (about Maryland) his provisions growing A. p. 
scarce, and no supplies there to be expected, he re- 
turn'd to England, where the natives he brought lived 
a considerable time.'^- From this voyage and discovery 
made by Cabot, the English have claimed the country 
ever since, from the well known Jus Gentium, Law 
OF Nations, that whatever waste or uncultivated 
country is discovered, it is the right of that prince 

who 

h. ' King Henry vii. comnaissloned John Cabot (5th of March, 
^ in tlie eleventh year of his reign) and his three sons, to sail in 
'quest of unknown lands, and to annex them to the crown of 
■'England; with this clause, which before this time have been un- 
' hi own to all christians. His first essay as related by sir Humphry 
■* Gilbert, who was employed in the like service afterwards by 
'queen Elizabeth, was to discover a north west passage to Cathay 
"' or China ; in which voyage he sailed very far eastward, with a 
' quarter of the north, on the north side of Terra de Labrador, 
■^ till he came into the north latitude of sixty seven degrees and a 
■'half In his next voyage, which was made with his son Sebastian, 
^in the year 1497; he steered to the south side of Labrador, and 
'fell in with the island of Baccalaos, which is Newfoundland, and 
'took possession both of that island and all the coast of the north 
'east part of America, as far as Cape Florida; which he also by 
■•landing in several parts of it, claimf>d in the name of his master, 
■' the king of England. 

'In the memory of this discovery, and by way of eviaence, there 
' was a map or chart of the whole coast of North-America drawn 
■'by Sebastian Cabot himself, with his picture and this title. Effigies 
''Seb. Caboti Angli, Filii Jo. Caboti, Venetiani, Militis Aurati, 
■^&c. and with the following account of the discovery above men- 
' tioned, 

"In the year of our Lord 1497, John Cabot, a Venetian, and 
"his son Sebastian (with an English fleet) set out from Bristol, 
"and discovered that land, whicli no man had before attempted. 
" This discovery was made on the 24th of June about five o'clock 
"in the morning. This land he called Prima Vista (or the first 
"seen) because it was that part, of which they had the first sight 
"from the sea. It is now callcvl Bonavista. The island, which lies 
"out before the land, he called the island of St. John, probably 
" because it was discovered on the festival of St. John Baptist." 

'This map was hung up in his Majesty's privy-gallery at White- 
'hall; and, it is to be feared, the nation was deprived of such a 
'valuable testimonial of their American title to the whole coast of 
'North- America, by the fire which destroyed that gallery in the 
'late King \Villiam"'8 reign". Entick's Gen. Hist, of the late war. 
Vol. I. p. 168, &c. 



The history 



A.D. 

1497. 



Pheni- 
cians. 



Egyptians 
and Car- 
thaginians. 



who had been at the charge of the discovery .'"• This- 
from universal suffrage gives at least a right of pre- 
emption, and undoubtedly must be good against all 
but the Indian proprietors.^- 

We have seen that in the discovery of North and 
South- America, inhabitants were found at the places 
touch'd at ; in all probability they were as plentifully 
dispersed throughout the different countries of Ame- 
rica; but how these people originally came there, is a 
question not easily solved ; tho' it has for above two 
centuries, been the sul^ect of much enquiry, it is not 
yet arrived at a decision.'- All therefore that can be 
done, is to give a short view of the most probable- 
conjectures that have been hitherto offered. 

It is not unlikely the new world was known to the 
Phenicians, even a considerable time before the days- 
of Plato; who in all likelihood found but few (if 
any) inhabitants there ; that they contributed towards- 
the planting of it, we have some reason to believe, as 
they are supposed to have made three voyages thither ;; 
however that colonies from other nations crossed the 
Atlantick, and landed in America, cannot be well 
denied ; neither the Egyptians nor Carthaginians are 
supposed void of some traditional knowledge of Ame- 
rica, since they are believed"*- to have communicated 

such. 



i. Grotius de jure belliac pacis, Lib. 2. Cap. 2. Sect. 17. Molloy 
de jure Mar. 422, 423. Justinian Inst. Lib. 2. Tit. ]. Sect. 12 & 
22. 

k. Lex Mercat. 156. Molloy ut supra. 

/. If we are not astonished (says Voltaire) that the discoverers 
found flies in America ; it is absurd to wonder that they should meet 
with men. Univ. Hist. If European wliites, and African negroes^ 
are not descended from the same original stock ; a supposition con- 
fessedly adopted by the celebrated historian, (it must be allow'd) 
easy to come to a decision in the present case. 

m. Perizonius and Cellarius seem to have inferr'd from thence, 
that the new world was not entirely unknown to the remoter age» 
c' antiquity. 



Of new-jersey. 

such knowledge to other nations : which if we admit, A. D. 

. . 1497. 

it follows, that some of the ancient Egyptians and 

Carthaginians had been there, and contributed to- 
wards peopling the continent, as well as the Phenicians. 
The Author of the book de Ilirabilibus Audit, sup- 
posed to be Aristotle ; expressly asserts the Carthagi- 
nians to have discovered an island beyond Hercules's 
pillars, abounding with all necessaries, to which they 
frequently sailed ; and there several of them even fixed 
their habitations; but the senate, adds he, would not 
permit their subjects to go thither any more, lest it 
should prove the depopulation of their own country .'i. 
Several of the original American nations we are told, 
rent their garments, the more effectually to express 
their grief on any malancholly occasion ; the Hebrews, 
Persians, Greeks, Sabines, and Latins, according to 
various authors, did the same; from whence some 
may possibly imagine, that those Americans deduced 
their origin from one or more of those nations; but 
this is too slender a foundation for such belief: o- So 
that Menasseh Ben Israel, appears to have wrongly 
concluded from thence, that the Israelites were the pro- 
genitors of the Americans. Theophilus Spizelius 
seems to have refuted this opinion : Though the Pheni- 
cians, Egyptians and Carthaginians, might have 
planted some colonies, yet the bulk of the inhabitants 
must certainly have deduced their origin from another 
part of the world : Had the Phenicians and Egyptians 

peopled 

n. Aristot de mund. o. 3. et de Mirah Audit. Christ. Cellar, 
ubi supra, pa. 253. Jacob Perizon in JElion. Var. Hist. Lib. 111. 
c. 18. 

0. "William Penn, in his letter to the committee of the free society 
of traders in London, ii, 1683; gives a short sketch of his opinion, 
touching the origin of the Indians here, whom he imagines to be 
of the stock of the Jevf/', that after the dispert'ion of the ten tribes 
emigrated through the eastermost parts of Asia, to the westernmoBt 
of America. 



10 TheHISTORY 

A. D peopled even a considerable part of America, it would 
scarcely have been taken so little notice of by the 
antients; even supposing those nations had industriously 
endeavoured co conceal their western discoveries ; for in 
such case, there luust have been a constant corarauni- 
cation kept open between America, Egypt, and Pheni- 
cia, and a very extensive trade carried on : so that 
many particulars relating to the new world, must 
necessarily have transpired ; nor could even the sailors 
themselves, who navigated the Phenician ships, have 
omitted divulging many accounts of what they observed 
on this continent ; some of which would undoubtedly 
have been transmitted to us. 

That therefore, the Americans in general, were 
descended from a people who inhabited a country not 
so far distant as Egypt and Phenicia, must be admitted : 
Now no country can be pitched upon so proper and 
convenient for this purpose, as the north-eastern part 
of Asia, particularly great Tartary, Siberia, and more 
Kamis- especially the Peninsula of Kamtschatka ; that proba- 
bly was the trace through which many Tartarian colo- 
nies passed into- America, and peopled the most consi- 
derable part of it. This however, seems the most pre- 
vailing opinion. 

There is great reason to believe, that some of the 
western provinces of JSTorth-America, must either be 
continuous to, or at no great distance from the north- 
eastern part of Asia ; which, we are not yet informed ; 
but it is probable east of Kamtschatka, there is an 
immense tract approaching to North- America, and 
that to this day, there remains at least a kind of com- 
munication between them, by means of a chain of 
islands ; it may also be supposed that Asia and A merica, 
were formerly connected by an isthmus, which might 
have been destroyed by an earthquake : such a supposi- 
tion may be supported by the authority of those 

writers 



O F N E W - J E R S E Y . 11 

■writers who have rendered parallel instances credible, A. D. 

. . . 1749. 

such as the disjunction of Britain from Gaul, and Spain 

from the continent of Africa : A communication 
between Asia and America, seems agreeable to truth, 
not only from what has been advanced by Reland, but 
from the discoveries made by the Russians ; an account 
of which we find in the publick prints of the year 
1737, and since: According to these, some of the 
Czarina's subjects have touched at several islands, 
which lie at a distance in the eastern direction from 
Japan and Kamtschatka, and consequently between 
those countries and America. The people of these 
islands, in some points are said to resemble the 
Japanese, and to use pieces of money Avith characters 
not unlike those of Japan. Leonard Enler, professor 
of mathematicks, and member of the imperial 
society at Petersburgh, seems to imagine, that the 
north-eastern cape of Asia, discovered by capt. Behring, 
is not thirty degrees off the last known head-land of 
California; but the ingenious Dobbs, governor of 
North-Carolina, places them at a much greater dis- 
tance : Be that however as it may, that the sea between 
the most north-eastern coast of Asia, and the most 
western part of California, allowing such a sea to California, 
exist, is interspersed with many islands, at no great 
distance from each other, may be very naturally sup- 
posed ; nay, if any credit may be given to the advices 
lately received from Petersburgh, the connection of 
Asia and America, or at least the communication 
between them, by means of such islands, is as good 
as discovered. 

That part of America next to Asia, is said to be 
much more populous than the remoter eastern pro- 
vinces or kingdoms; which is a manifest indication, 
that this was first planted, by colonies coming from 
the nearest parts of Asia, who settled here, and Asia. 

afterwards 



12 The HISTORY 

A. D. afterwards spread themselves gradually over the new- 
world ; from whence we may conclude, that the bulk 
of the Americans are descended from the Tartars^ 
Siberians, and people of Kamtschatka. 

The people inhabiting the extreme north-eastern 
part of Asia, entirely want horses, those animals not 
being able to live in so cold a region ; it seems to be 
agreed, that no horses were found in America, at the 
first discovery of it; for that in several places, the 
natives used rein deer and large mastiff dogsP instead 
of them, as many of *the posterity of the antient most 
northern Scythians or Tartars did. The Epicerini, a 
people of Canada, when the Europeans first came 
among them, asserted, that very far from them, in a 
western direction, there lived a nation, who affirmed 
that foreign merchants, without beards, in great ships, 
frequently visited their coasts : we are also told, that in 
Qiiivira. Quivira, several ships have been found, whose sterns 
were adorned with silver and gold, which was a dis- 
tinguishing characteristick of the Chinese and Japanese 
ships, according to some good authors : That some 
Chinese vessels of considerable force, were found 
wreck'd in the Mare del nord, above Florida, which 
might have been the same with those seen at Quivira, we 
learn from Ancosta. In Quatulia too, a tradition pre- 
vailed, intimating that foreign merchants after a long 
journey from the westward, arrived there, and that 
these merchants were cloathed in silk : From whence 
we may collect, that the Chinese visited America, and 
communicated some of their customs to the people of 
that country, ? especially as the Chinese manner of 

writing 

p. Some of the back Indians beyond Detroit, now make use of 
dogs to draw wood and other matters on sleds. 

q. The people (says M. de Guignes, in a memoir upon the ancient 
navigations of the Chinese to America) whom we have always be- 
lieved to have been confin'd within the bounds of their own country, 

penetrated. 



Of NEW-JEESEY. IS 

■writing iu Hieroglyphics, sufficiently agrees with the A. D. 
American dialect. We learn from Hornius, the 
Hunns, or at least a branch of that people, placed in 
the farthest part of Asia, had the appellation of 
Cunadani, or Canadani, from Cunad, a place not far 
from the sea, where some of them had their situation ; 
hence \ye find a city in the upper Hungary, built by 
their descendants, denominated Chonod, or Chunad, 
the inhabitants of which, and those of the neighbouring 
district, still retain the name of Chonadi, or Cunadi ; 
from these Hornius believes the natives of Canada to Canada. 
have deduced both their origin and denomination. 

No 

penetrated into America in the year 458 of the Christian sera. That 
they went thither by Japan and the countries of Ven-chin and Ta- 
han. By considering what the Chinese geographers say of the distance 
and productions of these remote regions, he proves that Ven-chin 
is Jesso or Yedzo, and that Ta han is the most eastern part of the 
north of Asia. From thence the Chinese sailed towards the east, 
and fell in with the country of Fou-sang, which, according to the 
Chinese distances, should lie to the north of California. He gives 
us, from the annals of China, a short account of the manners of the 
inhabitants of Fou-sang ; he informs us further, that several islands 
in the south sea were known to the Chinese; and also that coast 
which John de Sama discovered in his passage from China to Mexico, 
To give a more exact idea of these navigations, M. de Buache hath 
constructed a chart, on which he hath traced with a great deal of 
accuracy, the route of the Chinese, and noted the distances of the 
several countries. By this chart it appears, that the geography of 
these parts, taken from the ancient books of the Chinese, agrees 
very well with the late discoveries of the Russians. To this chart 
is added part of another ancient chart drawn by the Japonese, in 
which are laid down the north of Asia, and all the western coast of 
America, according to the knowledge they had of it. This conti- 
nent there appears entirely terminated on the side of Asia, and we 
there see the isles which have been lately known to the Russians 
only ; and this proves the truth of the former Japonese discoveries. 
This chart was brought from Japan by the celebrated Kempfer, and 
afterwards lodg'd in the cabinet of the deceased Sir Hans Sloane, 
president of the royal society of London, who sent a copy of it ta 
M. de Guignes. 

After having determined the situation of all the countries to the 
east of China, M. de Guignes remarks, that Chr. Columbus was 
not the first who attempted discoveries towards the west : Long be- 
fore 



14 The HISTORY 

A. p. No small accession of strength will be brought to 

the opinion before advanced, with respect to the 
peopling of America, by one particular incident, 
mentioned in a short narrative of the late discoveries 
of the Russians. They found peopled, as should seem, 
captain Behring's new land before mentioned, above 
fifty German miles to the east of Kamtschatka; for 
coming to the entrance of a great river, he sent his 
boats and men ashore, but they never returned, being 
probably either killed or detained by the natives ; nay/ 

the 

lore liim, the Arabians, whilst tliey were masters of Spain and Por- 
tugal, enterprized the same tiling from Lisbon ; but after having 
advanced far lo the west, tliey were obliged to put back to the 
Canaries ; there they learnt that formerly the inhabitants of these 
islands had sailed towards the west for a month together, to discover 
new countries. Thus we see, that the most barbarous people, with- 
out the knowledge of the compass, were not afraid to expose 
themselves to the open sea in their slight small vessels, and that it 
was not so difficult for them to get over to America, as we imngine. 
These researches, which of themselves gives us a great insight 
into the origin of the Americans, led M. de Guignes to determine 
ithe rout of the colonies sent to this continent. He thinks the greatest 
part of them passed thither by the most eastern extremities of Asia, 
where the two continents are only separated by a narrow streight, 
easy to cross. He reports instances of women, who from Canada 
and Florida, have travelled to Tartary without seeing the ocean. 
' The commerce of the Chinese would naturally open a way to 

America, augment the number of the inhabitants, and contribute 
to polish them. On this occasion M. de Guignes observes, that the 
most civilized nations of the American continent are situated on the 
coast which looks towards China, and that they come originally 
from the north of America, i. e. from the neighbourhood of tliose 
■coimtries where the Chinese landed, as Quivin and New Mexico, 
whence the Mexicans came to settle in Mexico, properly so called, 
after having expelled the ancient inhabitants. 

M. de Guignes cites some authorities, which give us reason to 
believe, that the streights of Magellan were known to the Chinese, 
and that the Coreans had a settlement in Terra del Fuego. These 
navigations of the Chinese, and of the most uncivilized nations, 
incline him to believe, that the people dispersed in the isles to the 
south of the Indies, after having multiplied, migrated from island 
to island, and by means of that chain of islands which reaches al- 
most to America, insensibly approached that continent. The exam- 
ple of the inhabitants of the Canaries gives a probability to this 
•conjecture. Gentleman's Magazine, 1753, p. 607. 



Of XEAV-JERSEY 15 

the publick prints in October, 1737, mention some A. D. 
particulars relating to the inhabitants of certain islands 
between Kamtschatka,'- Japan, and America, which 
seem to carry with them an air of authority. This will 
amount to a fair presumption, that the islands or con- 
tinent between Kamtschatka, Japan, and California, 
still unknown to the Europeans, are likewise inhabited ; 
and if so, that tliose inhabitants must have advanced 
gradually, from Tartary, Japan, and Kamtschatka 
to the places wherein they are fixed : From whence we 
may infer, that even the natives of California, and the 
adjacent parts of America, took originally the same 
route ; for that Tartary, and Japan, must have been 
peopled before America, as lying nearer to the land 
of Shinar, where the whole race of mankind wa& 
assembled before the dispersion, will admit of no 
dispute ; and that America should have received many 
colonies from such neighbouring countries as Tartary,. 
Japan, and Kamtschatka, whether they are continuous 
or contiguous to it, or connected with it, by some 
intermediate continent, chain of islands, &c. is very 
natural to supposes- So that from the tract lately 
discovered to the east of Japan and Kamtschatka, and 
the people settled there, we may infer the probability 
of America's being planted in part by colonies drawn 
from the north-eastern regions of Asia ; for by such dis- Asia^ 
covery, a nearer approach is made from Japan and 

Kamtschatka, 

r. The new history of Kamtschatka, lately published in the 
Russian language, and translated into English by J. Grieve, M. D. 
gives a particular description of the customs and way of living of 
the inhabitants there, which agrees in several particulars, and in 
the whole manner seems not very different from the original customs 
of the North American Indians. For a brief account of this history, 
see Monthly Review, vol. 30, p. 282. 

8. Vide a memoir of M. Le Page du Pratz, containing an account 
of the travels of Moncacht-ape ; a civilized Indian of Louisiania^ 
to the north-west parts of America, Oent. May. for Sept. 1753. 



16 The HISTORY 

A. D. Kamtschatka, to the coast of California : and from this 
1497. , ' . .-,•!. 

approach, a presumptive argument is drawn in lavour 

of the opinion here advanced. 

But it is time now to proceed to other matters : Such 
as may incline to see the subject further discussed, are 
for brevity's sake, on a point not material enough to 
dwell long upon here, referred to the Univ. Hist.*- 
Whence many of the arguments on this head, are 
selected ; and where the inquisitive reader, amidst 
much of the incredible, (with which it hath been usual 
to load the subject) will find convincing proofs ip 
favour of what is here*proposed. 

Although the English had very early made the 
discovery of North- America, a considerable time 
elapsed before any advantages accrued : Sir Walter 
1584. Raleigh, in 1584, was the . first English'man who 
SirWnUer attempted to plant a colony in it."- In this year he 
patent. obtained a patent from Queen Elizabeth, for him 

and his heirs, to discover and possess for ever, under 
the crown of England, all such countries and lands as 
were not then possessed by any christian prince, or 
inhabited by christian people: — Encouraged by this 
grant, Raleigh and other partners, at divers times, 
fitted out ships, and settled a colony at Roanor,^- in 
Virginia; but notwithstanding various attempts, they 
met with such discouragements, that no great improve- 
ments were made until some time afterwards. 
1606. In the year 1606, King James, without any regard 

to Raleigh's right, granted a new patent of Virginia ; 
in which was included New-England, New- York, 

New- 

i. Vol. XX, Lond. Edit. 1748, pa. 157. 

V. That is a regular colony under grants — 'Sir Armigell Wadd, 
'of Yorkshire, clerk of the council to Henry viii. and Edward vi. 
' and author of a book of travels, was the first Englishman that made 
'discoveries in America.' H. Walpole's anecdotes of painting, vol ii. 
Catalogue of engravers, p. 18, 19. A note. 

X. Now Roanoke, in North-Carolina. 



O F N E W - J E R S E Y . 17 

ZS^ew- Jersey, Pennsylvania, and Maryland ; from A. D. 
queen Elizabeth's time to the time of this patent, the 
whole country bearing that name, which was given it 
by Raleigh, in honour of his virgin mistress, as 
some say ; others have it that it took its rise from 
the country's not being settled before. The patentees Patenteea. 
were sir Thomas Gates, sir George Summers, Richard 
Hackluyt, clerk, Edward Maria Wingfield, Thomas 
Hanhara, and Raleigh Gilbert, Esqrs. William Parker, 
George Popham,y- and others : The extent of the 
land granted, was from 34 to 45 degrees of north 
latitude, with all the islands lying within 100 miles 
of the coast. Two distinct colonies were to be planted 
by virtue of this patent, and the property ascertained 
in two different bodies of adventurers : The first to 
belong to Summers, Hackluyt, and Wingfield, under 
title of the London adventurers, or the London 
company; and was to reach from 34 degrees to 41, 
with all lands, woods, mines, minerals, &c. The 
other colony was to reach from the end of the first, 
to 45 degrees, granting the same priviledges to Han- 
ham, Gilbert, Parker, and Pophara, under the name 
of the Plymouth company, with liberty to both 
colonies to take as iliany partners as they pleased ; for- 
bidding others to plant within those degrees, without 
their licence; only reserving the fifth part of all gold 
and silver mines, and the 15th part of copper, to the 
use of the crown. By virtue of this grant, the 
London company fitted out several ships with arti- 
ficers of every kind, and all things requisite for a 
new settlement; which sailed for America, and planted 
a colony there; but in the year 1623, there were so 
many complaints made of bad management, that on 1623. 
enquiry a Quo warranto was issued against the patent ; 

and 

y. L. C. J. of England. 



18 The HISTORY 

A. D. and after a trial had in the kino-'s bench, it waa 
declared forfeited ; 2- since which time Virginia has been 
under the immediate direction of the crown. 

In tiie same year the patent was granted, the Ply- 
mouth company also attempted to make a settlement ^ 
but with no great success, until about the year 1620, 
when they sent a fresh recruit from England, under 
the command of capt. Standish, who arrived at Cape 
Cod in the latitude of 42 degrees, and having turned 
the cape, found a commodious harbour opposite the 
point, at the mouth of the bay, at tiie entry of which 
were two islands well stocked with wood : Here they 

Plymouth. built a town, Avhich they called Plymouth. About 
this time the colonies in New-England were much 
augmented ; multitudes of dissenters thinking this a 
good oportunity of enjoying liberty of conscience, 
offered their service to the Plymouth company ; and 
the grand patent being delivered up to the king, 
otiicr pat- particular patents were granted to the Lord Musgrave, 

ed.^ ^ ^ ' ^'^^ duke of Richmond, the earl of Carlisle, the lord 
Edward Georges, and new colonies were planted in 
diverse places. 

CHAP. 



z. Other accounts say, the patent was dissolved by the king's 
proclamation, in 1(324 ; and that tho' a quo warranto was issued 
against it, no determination followed in the courts of justice. 




Of NEW-JERSEY. 19 



CHAP. II. 

An account of the country on Delaware, and the North river, 
while the first was in possession of the Dutch and Swedes. 

FR O M what has been said, it is evident that the 
colonies New- York, New-Jersey, Pennsylvania, A. D. 
and Maryland, were included in the great patent, last 
mentioned ; but that becoming void, the crown was at 
liberty to regrant the same to others ; but it does not 
appear that any part of those provinces was settled by 
virtue thereof; nor indeed was any distinct discovery 
of them made, until many years afterwards. New- 
Jersey, Pennsylvania, and other lands adjacent, not- 
withstanding the antient right of the crown of 
Illngland, deduced as aforesaid, had two pretenders 
to them ; the Dutch and the Swedes : The claim 
the former set up, was under colour of a discovery Dutch 
made in the year 1609, by Henry Hudson, an English- ^ '^^"^ 
man, commander of a ship called the Half-Moon, 
fitted out from Holland by the East-India company, 
to discover by a north-west passage, a nearer way to 
China : In this voyage he sailed up to the place now 
New-York, and up the river, from him called Hud- 
son's river; and returning sometime after to Amster- 
dam, the Dutch pretended to have purchased the chart 
he made of the American coast ; and having obtained 
a patent from the states, in the year 1614, to trade to 
New-England, they settled in New- York, which 
they called New-Netherland ; and kept possession until 
sir Samuel Argole, governor of Virginia, disputed 
their title ; alledging that the country having been 
discovered by an Englishman, in right of his master, 
he could not suffer it to be alienated from the crown, 
without the king's consent : he therefore compelled 
the Dutch colony to submit to him, and to hold it 

under 



20 The HISTORY 

A. D. under the English : But sometime after a new governor 
coming from Amsterdam, they not only neglected to 
pay their usual acknowledgement to the governor of 
Virginia, but in the year 1623, fortified their colony, 
by building several forts : One on the Delaware, (by 
them called South River) near Gloucester, in New- 
Jersey, which they named Nassau ; a second on Hud- 
son's, (the North River) in the province of New- 
York, which they named Fort Orange; and a third 
on Connecticut river, (by them called the Fresh-River) 
which they named the Hirsse of Good Hope. Hudson's 
River lying near the sea, and the navigation esteemed 
less difficult than the other, their settlements were chiefly 
on both sides of that river ; at the entrance of which, 
the town by them also called New Amsterdam, 
was built ; so that by the time the Swedes came into 
America, which was a few years after, they had wholly 
quitted the land adjacent to the river Delaware. 

The proceedings of the Dutch in building the forts, 
and in a manner taking possession of the country, 
having been represented to king Charles the first, his 
ambassadors at the Hague made such pressing instances 
to the states, that they disowned having given any 
commission for what the Dutch had done, and laid the 
blame on their East-India company. Upon this king 
Charles gave a commission to sir George Calvert, lately 
made lord Baltimore ; «• to possess and plant that part of 

America, 

a. About the year 1620, while George Calvert, afterwards lord 
' Baltimore, was secretary of state to James 1st ; he obtained a pat- 
*eiit for him and his heirs, to be absolute lord and proprietor (with 
^ the royalties of a count Palatine) of the province of Avalon, in 
■•Newfoundland, which was so named by him, from Avalon, ia 
' Somersetshire; wherein Glastonbury stands the first fruits of christi- 
'anity in Britain ; as the other was in that part of America, there 
^he built a fine house, in Ferryland, and spent £. 25,000 in 
'advancing this new plantation: after the death of king James, he 
'went twice in person to Newfoundland: — finding his plantation 
* very much exposed to the insults of the French, he was at last 

forced 



Of new-jersey. 21 

America, now called Maryland ; and to sir Edmond A. D. 

1623 
Loeyden, or Ployden, to plant the northern parts, 

towards New-England. The Dutch afraid of the power 
of the English, were willing to compound matters a 
second time ; oifering to leave their plantations, in 
consideration of £. 2500 to be paid them for the 
charges they had been at : But soon after, king Charles 
being involved in his troubles, was hindered from sup- 
porting his colonies ; they therefore not only fell from 
their first proposals, but as was reported, furnished 
the natives with arms, and taught them the use of them, 
that by their assistance they might dispossess the English 
all around them. 

Matters thus circumstanced, we shall leave them, 
in order to trace their neighbours, the Swedes into Swedes. 
America; the first settlement of whom, according 
to their own account, was thus occasioned^- In the 
reign of Gustaphus Adolphus, and in the year 1626, 1626. 
an eminent merchant named William Useling, gave 
a great character of this country, applauding it for 
fruitful fertile land, abounding with all necessaries of 
life ; and used many arguments to persuade the Swedes 
to settle a colony here : These were so prevalent, that 
Gustavus issued a proclamation at Stockholm, exhort- 
ing his subjects to contribute to a company associated 
to the purpose aforesaid, which was called the West- 
India company, confirmed by that prince : In a general 
assembly the year following, sums of money were 
raised to carry on the intended settlement, to which 
the king, the lords of the council, the chief of his 

barons, 

^forced to abandon it: whereupon he went over to Virginia, and 
* after having viewed those parts, came to England, and obtained 
' froni king Charles, who had as great a regard and affection for him 
' as king James) a patent to him and his heirs, for Maryland : — that 
' king naming it in honour of his beloved queen Henrietta Maria, 
Biogr. Brilania, Art. Geo. Calvert. 

b. Hist, of Swedeland in America, by Thomas Companius Holm, 
printed at Stockholm anno 1702. 



22 



The history 



A. D. 

1623. 



1627. 



1630. 



1631 



Cliristeen. 



Tennecum. 



barons, knights, coronets, principal officers in hia- 
militia, bishops, clergy, and diverse of the common 
people of Swedeland, Finnland and Liffland, contri- 
buted; and responsible persons were chosen to see 
what was propos'd put in execution, consisting of an 
admiral, a vice-admiral, merchants, factors, commis- 
saries, &c. and it was concluded to get as many as they 
thought fit, of those who would voluntarily ship them- 
selves to America, to settle and cultivate a colony. 

In 1627, the Swedes and Finns accordingly came 
over hither : Their fir«t landing was at Cape Inlopen ; 
the sight created a pleasure, and they named it Paradise 
Point : Some time after they purchased of some Indians 
(but whether of such as had the proper right to convey 
is not said) the land from Cape Inlopen to the Falls 
of Delaware, on both sides the river, which they called 
New-Swedeland Stream ; and made presents to the 
Indian chiefs, to obtain peaceable possession of the 
land so purchas'd : But the Dutch continuing their 
pretensions, in 1630 one David Pietersz de vries, their 
countryman, built a fort within the capes of Delaware, 
on the west, about two leagues from Cape Cornelius,, 
at the place now Lewis-Town, then and at present 
often called by the name of Hoarkill. 

In 1631, the Swedes also built a fort on the west 
of Delaware, to which they gave the name the ruins of 
it yet bears, Christeen. c Here a small town was laid 
out by Peter Lindstrora, their engineer, and here they 
first settled ; but this settlement was afterwards demo- 
lished by the Dutch. 

On an island called Tennecum, sixteen miles above 
this town, the Swedes erected another fort, which they 
named New Gottemburgh; and John Printz, their 
governor, built a fine house, and other suitable accom- 
modations ;. 



c. Near Wilmington, it gives name to a noted creek there. 



Of N EW- JERSEY. 23 

modations; planted an orchard, and called his settle- A. D. 
ment Printz's Hall : The principal freemen had also 
their plantations on this island. 

About this time the Swedes also built forts at 
Chester, and other places. In the same year Chancellor 
Oxestiern, embassador from Sweden, made application 
to king Charles the first, to have the right the English 
claimed by their being the first discoverers yielded up : 
it was, (as they say,) the proof an uncertainty given up 
accordingly : They also said they had purchased the 
pretence the Dutch claim'd by virtue of the prior 
settlement, and buildings here ; most of which were 
destroy'd before their arrival. 

If this be true, the Dutch it seems did not think 
proper long to abide by their contract; but gave the 
Swedes disturbances, by encroaching on their new 
settlement ; and both of them join'd to dispossess the 
English, who also attempted to settle the eastern side 
of Delaware : one Kieft, a director under the states of 
Holland, assisted by the Swedes, drove the English 
away, and hired the Swedes to keep them out : The 
Dutch complained, that the Swedish governor judging 
this a fair opportunity, built fort Elsinburgh on the Elsing- 
place from whence the English had been driven, and ^^^ ' 
from thence used great freedom with their vessels, and 
all others bound up the river, making them strike to 
the fort ; from which they also sent men on board to 
know whence the vessels came : This the Dutch deem'd 
exercising an authority in a country not their own. ^• 
But the Musketoes were so numerous, the Swedes were 

unable 

d. The account here is from a manuscript copy, said to be printed in 
Holland, anno 1662, the original in the late sir Hans Sloane's collec- 
tion, entitled, A brief account of New Netherland.—Jn 1683 tlie Dutch 
Jiad a meeting-place for religious worship at New-Castle : and the 
4Swedes three, one at Christeen, one at Tenecum. and one at Wicoco. 



24 



The history 



A. D. 

1631. 



Ploeyden. 



unable .u live here, and therefore removing, named 
the place Musketoeburgh. 

The Dutch seem to have had a very great opinion 
of the land near the Delaware, and were under great 
apprehensions of being dispossessed by the English, 
who they complained had diverse times attempted to- 
settle about that river and judged if they once got foot- 
ing, they would soon secure every part, so that neither 
Hollander nor Swede would have any thing to say 
here ; in particular they mention sir Edmond Ploeyden^ 
as claiming property in* the country, under a grant 
from king James the first, Avho they alledge declined 
any dispute with them, but threatened to give the 
Swedes a visit, in order to dispossess them, e- 

Jolin 



e. In 1648, a pamplilet was published, entitled, 'A description of 
'the province of New Albion, and a direction for adventurers with 
'small stock to get two for one, and good land freely ; arid for gentlemen- 
'and all servants, labowers and artificers, to live plentifully ; and Oi 
'former description reprinted, of the healthiest, pleasantest and richest 
'plantation of New Albion in North Vii-ginia, proved by thirteen, 
'witnesses; together with a letter from master Robert Evelin, that 
' lived there many years, shewing the particularities and excellency 
' thereof ; with a brief of the charge of victualling and necessaries, to- 
' transport and buy stock for each planter or labourer there, to get his 
'master £. 50 per annum, or more, in twelve trades, and at £. 10, 
* charges only a man.' 

From a few extracts of this pamphlet, the reader will see aa 
account of the country in some respects more descriptive than is 
commonly to be found of that date; he will however, allow for a 
little more being said than was necessary in some places. 

' Now for the full and ample satisfaction of the reader, of hi* 
'majesty's just title, and power to grant, enjoy, and possess these 
'countries, as well against aliens as Indians, which this forty years 
'hath not been by print declared, you may read at large master 
'Hacluit's voyages and discoveries, master Purchas and captain 
'Smiths: for when the Spaniard and Portugall discover'd and pos- 
' sest 140 years since the East Indies, Brasill, the SQuth part of Ame- 
' rica, the Charibees and Antell isles, and seated Saint John de Porto- 
' Rico, Hispaniola, Jamaica and Cuba, and the fort and port of 
'Havannah, against the gulf and current, Batuana isles, and point 
'of Florida; then that most powerfull and richest king of Europe, 
'king Henrv the seventh of England, sent out an Englishman born 

at 



Of new-jersey. 25 

John Printz continued governor of the Swedes A. D. 
from his arrival until about the year 1654, when he 

returned 

'at Bristol, called Cabot, granted under his greate seale to him all 
' places and country s by him to be disco ver'd and possest, who then 
'beginning at Cape Florida discover'd, entered on, took possession, 
'set up crosses, and procured atturnment and acknowledgement of 
'the Indian kings to his then majesty, as head, lord and emperour 
'of the south west America, all along that coast both in Florida 
'from 20 degrees to 35, where old Virginia in 35 and 30 minutes, 
*65 years since was seated by 5 several colonies about Croatan cape, 
' Haloraske, and Rawley's isle, by sir Walter Kawley^ who had 
'from queen Elizabeth that place, and two hundred leagues from it 
'in all places adjoyning ; sir Kichard Greenfield, sir Ralph Lane, 
'and master White his partners seating and fortifying there; the 
'said Cabot farther taking possession in 37, of that part called 
' Virginia and Chisapeack Bay being now his majesty's demesne 
'colony of Virginia, and of the next great bay in or near 39, 
'called now by the Dutch Cape Henlopen, the south river, and by 
' us Cape James and Delaware Bay, of the baron of Delawares 
'name, being then governor of Virginia, who by sir Thomas Dale, 
'and sir Samuel Argoll, 40 years since took possession and atturn- 
'ment of the Indian kings, and 60 years since sir Walter Eawley 
'seated and left 30 men, and four pieces of ordinance, and the 
'creek near Cape James, by the Dutch called Horekill, by us 
'Roymount, and by the Indians Cui Achoraoca; and so the next 
' river by us called Hudson's river, of the name of Hudson an 
'Englishman, the discoverer thirty five year since, who sold his 
'discovery, plots and cards to the Dutch ; and so Cabot discovered 
'severali rivers and countries all along the coast North East, now 
'called New-England, and divided in nine severali governments, 
'and further discovered Port-Royall, and that part called New- 
' Scotland, and set up crosses, where you may see in the French 
'book called New-France, the French found an old crosse all moss, 
'in an eminent place at the head of that bay and port, and dis- 
' covered all that coast and Newfoundland, and that called Terra 
*de Laborador, or New-Britain, as far as the frozen strait of- Davis; 
'shortly after one master Hore in the reign of king Henry the 8th, 
'reneued this actual] possession, atturnment of the Indian kings, 
'brought home divers of the chief Indian kings to England, who 
'gave their homage and oath of fidelity for these countries to king 
' Henry the eight in person, setting on his throne in state in his 
'palace hall at Westminster. Then Virginia being granted, settled, 
'and all that part now called Maryland, New-Albion and New- 
' Scotland, being part of Virginia, sir Thomas Dale and sir Samuel 
'Argoll, captains and counsellors of Virginia, hearing of divers 
'aliens and intruders, and traders without license, with a vessell 
'and forty soldiers, landed at a place called Mount Desert, in 
'NovaScotia, near St. John's River, or Twede, possest by the 

' French, 



26 



The history 



A. D. 

1654. 

Papegoia. 



returned to Sweden, having first deputed his soU-in- 
law, John Papegoia, governor in his stead, who also 

some 



'French, there killed some French, took away their guns, and dis- 
' mantled the fort, and in their return landed at Manhatas-Isle in 
'Hudson's river, where they found four houses built, and a pre- 
' tended Dutch governor, under the West-India company of Amster- 
*dam share or part; who kept trading boats, and trucking with the 
'Indians; but the said knights told him, their commission was to 
'expell him and all aliens, intruders on his majesty's dominions 
'and territories; this being part of Virginia, and this river an 
'English discovery of Hudson an Englishman, the Dutchman con- 
' tented them for their charge and voiage, and by his letter sent to 
' Virginia and recorded, submitted himself, company and plantation 
'to his majesty, and to the governor and government of Virginia ; 
'but the next pretended Dutch governor in maps of printed cards 
'calling this part New-Netherland, failing in paying of customes 
'at his return to Plymouth in England, was therewith his bever, 
'goods and person attached to his ilamage of £. 15U0, whereupon 
'at the suit of the governor and councill of Virginia, his now ma- 
'jesty by his embassadour in Holland, complaining of the said aliens 
'intrusion, on such his territories and dominions, the said lords, the 
'states of Holland by their publique instrument declared, that they 
'did not avow, nor would protect them, being a private party of 
'the Amsterdam West-India company, but left them to his majesty's 
'will and mercy : whereupon three several! orilers from tlie councill 
'table, and commissions have been granted for the expelling and 
'removing them thence, of which tliey taking notice, and knowing 
'their weakness and want of victuals have offered to sell the same 
^for £. 2500, and lastly taking advantage of our present, war and 

* distractions, now ask £. 7000, and have lately offered many 
'afl^ronts and damages to his majesties subjects in New-England: 
'and in generall endanger all his majesty's adjoyning.countries, most 
'wickedly, feloniously, and traiterously, contrary to the marine and 
'admiral laws of all christians, sell by wholesale guns, powder, 
'shot and ammunition to the Indians, instructing them in the use of 
'ourfigiits and arms; insomuch as 2000 Indians by them armed, 
'Mohawks, Karitons, and some of Long-Isle with their own guns so 
'sold them, fall into war with the Dutch, destroyed all their scatter- 
'ing farms and boors, inforcing them all to retire to their up fort, 40 
'leagues up that river and to Manhatas, for all or most retreating to 
'Manhatas, it is now a pretty town of trade, having more English 
'than Dutch : and it is very considerable that three years since Stuy 
'their governor put out his declaration, confessing that the neigh- 
'bour English might well be offended with their selling Indians 

* arms and ammunition, but being but a few and so scattered, they 
' could not live else there, or trade, the Indians refusing to trade or 
'suffer the Dutch to plow without they would sell them guns. The 
*like folly they committed and inconvenience to themselves, and 

'all 



O F N E W - J E R S E Y . 27 

sometime after returned to his native country, and left A. D. 
the government to John Rysing ; He renewed the ^ . 

league 

all English, for eight years since, in their West-India fleet, 

battered by the Spanish Arraado, ihey brought home forty Swedish 

poor soldiers ; and hearing that capt. Young and master Evelin, 

' had given over their fort begun at Eriwomeck within Delaware 

' Eay, there half starved and totter'd they left them, who learning 

'the Indian language, and finding much talk and trials of a gold 

* mine there, though in truth fifty shillings charges produced of 
' that light sand but nine shillings in gold, and therefore was of 
' capt. Young that tried it sliglited ; yet one Bagot under the Swedes 
'name and commission, there traded to crosse the Dutch of Man- 
' hat;is, and to undersell them, and left and seated there, eighteen 
' Swedes, who proclaiming a gold mine drew more to them, and 
' have gotten a great trade ; and now this last summer fifteen Swedes 
'and fifteen Dutch had a skirmish; the Swedes pulled down a 
' Dutch trading house, and doe both undersell them and spoiled 
'much their and English trading with the Indians, both striving to 
' please and side with the Indians, both entertaining and refusing 
'to return all English fugitives and servants. The Swedes hiring 
'out three of their soldiers to the Sasquehannocks, have taught 
'them the use of our arms and fights, and marching with them 
'into the king's own colony of Virginia, have carried thence the 
'king of Pawtomeck prisoner, and expell'd his and eight other 
' Indian nations in Maryland, civiliz'd and subject to the English 
'crown. Now if a proclamation of open war be set out against 

* the Dutch and Swedes for this their villainy, and all English forbid 
'to trade, victuall or relieve them, they must both vanish, especially 
'if those bad English that live, adhere and obey these aliens in 
'these his majesty's countries, be warned of the statute of king 

* James of famous memory, in these words : That all subjects giving 
■* any obedience or acknowledgment to any forain prince, state, pope, 
'or potentate, within his majesties territories and dominions in England 
' or beyond the sea, is a traitor, and ought to suffer as a traitour. 
'And certainly all English, and chiefly those of New-England 
'being ready in twenty four hours will joyn to expel them both 
'to regain their own trade, to get their seats, and to be rid of the 
'danger of armed gunning Indians. 

' Whereas that part of America, or North Virginia, lying about 
'39 degrees on Delaware Bay called the province of New Albion, 
'is scituate in the best and same temper, as Italy, between too 
'cold Germany, and too hot Barbary : so this lying just midway 
'betweene New England 200 miles north, and Virginia 150 miles 
'south, where now are settled 8000 English, and 140 ships ia 
trade, is freed from the extream cold and barrennesse of the one, 
and heat and aguish marshes of the other, and is like Lumbardy, 
'and a rich fat soil, plain, and having 34 rivers on the main land, 
*11 great Isles, and partaketh of the healthiest aire and most 

' excellent 



28 



The history 



A. D. 

1654. 



league of friendship with the English and Dutch in 
the neighbourhood, and formally with the Indians; 

for 



'excellent commodities of Europe, and replenished with the good- 
'liest woods of oaks and all timber for ships and masts, mulberries, 
'sweet cypresse, cedars, pines and firres, 4 sorts of grapes for 
' wine, and raisins, and with the greatest variety of choice fruits, 
'fish and fowl, stored with all sorts of corn, yeelding 5, 7 and 10 
'quarters an acre: silkgras, salt, good mines & diers ware, 5 sorts 
'of deer, buffes, and huge elks to plow and work, all bringing 3 
'young at once. The uplands covered many moneths with berries, 
' roots, chestnuts, walnuts, beech and oak mast to feed them, hogges 
'and turkeys, 500 in a flock, and having near the colony of Man- 
'teses 400000 acres of plain mead land, and meer levell, to be 
'flowed and fludded by tliat river for corn, rice, rapes, flax and 
' hemp. After 17 years trading and discovery there and triall made, 
'is begun to be planted and stored by the governor and company 
'of New Albion, consisting of fortj' four lords, baronets knights 
'and merchants, who for the true informing of themselves, their 
' friends, adventurers and partners by residents and traders there 
'four severall years out of their journall books, namely, captaine 
'Browne, a ship-master, and master Stafford his mate, and by cap- 
'taine Claybourn 14 years there trading, and Constantine his Indian 
'there born and bred, and by master Robert Evylin, 4 years there, 
'yet by eight of their hands subscribed and enrolled doe testifie this 
'to be the true state of the country, of the land and Delaware Bay 
'or Charles River, which is further witnessed by captain Smith and 
'other Books of Virginia and by New Englands prospect, new 
'Canaan, captain Powels map, and other descriptions of New 
' England and Virginia.' 

Master Evelin's Letter. 
Good Madam : 
'Sir Edmund our noble governour and lord earl Palatine, persist- 
ing still in his noble purpose to go on with his plantation in Dela- 
ware or Charles river, just midway between New England and 
Virginia, where with my unckle Young I severall years resided, 
hath often informed himselfe both of me and master Slratton, as I 
perceive by the hands subscribed of Edward Monmouth, Tenis 
Palee, and as master Buckham, master White, and other ship- 
masters, and saviors, whose hands I know, and it to be true, that 
there lived and traded with me, and is sufficiently instructed of the 
state of the country, and people there, and I should very gladly 
according to his desire, have waited on you into Hamshire to have 
informed your honour in person, had I not next weeke been 
passing to Virginia. But neverthelesse to satistie you of the 
truth, I thought good to write unto you my knowledge, and first 
to describe you from the north side of Delaware unto Hudsons 
river in sir Edmunds patent, called New Albion, which lieth just 
between New England and Maryland, and that ocean sea, I take 

'it 



Of new-jersey. 29 

for this purpose a meeting was held with the Sachems A. D. 
or Indian chiefs, at Printz's Hall, on Tenecum island 

where 

* it to be about 160 miles, I finde some broken land, isles and in- 
Mets, and many small isles at Egbay : Bnt going to Delaware Bay, 
'by Cape May, which is 24 miles at most, and is as I understand 
'very well set out, and printed in captain Powels map of New- 
' England, done as is told mee by a draught I gave to M. Daniel, 
'the plot-maker, which sir Edmund saith you have at home, on that 
'north side about five miles within a Port, or rode for any ships 
'called the Nook, and within lieth the king of Kechemeches, hav- 
'ing as I suppose about 50 men, and 12 leagues higher a little above 
' the Bay and Bar is the river of Manteses, which hath 20 miles on 
' Charles river, and 30 miles running up a fair navigable deep river 
'all a flat levell of rich and fat black marsh mould, which I think 
'to be 300000 acres: In this sir Edmund intendeth as he saith to 
'settle, and there the king of Manteses hath about 100 bow-men; 
'next above about 6 leagues higher is a fair deep river, 12 miles 
'navigable, where is freestone, and there over against is the king of 
'Sikonesses, and next is Asomoches river and king with an hundred 
' men, and next is Eriwoneck a king of forty men where we sate 
'down, and five miles above is the king of Ramcock with a hnn- 
'dred men, and four miles higher the King of Axion with two 
'hundred men, and next to him lenne leagues over land an inland 
' king of Calcefar, with an hundred and fifty men, and then there 
'is in the middle of Charles river two fair woody isles, very plea- 
'sant and fit for parks, the one of a thousand acres, the other of 
' fourteen hundred, or thereabout. And six leagues higher near a 
'creek called Mosilian, the king having two hundred men. And 
' then we come to the Fals, made by a rock of lime-stone, as 
' I suppose it is, about sixty and five leagues from the sea, near to 
' which is an isle fit for a city, all materials there to build ; and above 
'the river fair and navigable, as the Indians inform me, for I went 
' but ten miles higher. I doe account all the Indians to be eight 
' hundred, and are in several factions and war against the Sasquehan- 
' nocks, and are all extreani fearfnll of a gun, naked and unarmed 
'against our shot, swords, and pikes. I had some bickering with 
' some of them, and they are of so little esteem, as I durst with 
' fifteen men sit down, or trade in despight of them, and since my 
'return eighteene Sweeds are settled there, and so sometime sixe 

* Dutch doe in a boat trade without fear of them. 

'I saw there an infinite quantity of bustards, swans, geese, and 
'fowl, covering the shoares as within the like multitude of pigeons, 
'and store of turkies, of which I tried o/ie to weigh forty and sixe 
' pounds. There is much variety and plenty of delicate fresh and 
'sea-fish, and shell-fish, and whales, or grampus: elks, deere that 
' bring three young at a time & the woods bestrewed many moneths 
'with chestnuts, wall-nuts, and mast of severall sorts to feed them, 
'and hogs, that would increase exceedingly. There the barren 

'grounds- 



so 



The history 



A. D. 

1654. 



where a speech was made to them in behalf of the 
queen of Sweden, expressing the desires the Swedes 

had 



'grounds have four kindes of grapes and many mulberries with ash, 
' elms, and the tallest and greatest pines and pitch trees, that I 
' have seen. There are cedars, cypresse and sassafra-s, with wilde 
'fruits, pears, wilde cherries, pine-apples, and the dainty parse- 
'menas. And there is no question but almonds, and other fruits 
'of Spain will prosper, as in Virginia. And (which is a good 
'comfort) in four and twenty houres you may send or goe by sea 
'to New England or Virginia, with a fair winde, you may have 
'cattle, and from the Indians two thousand barrels of corn, at 
' twelve pence a bushel in trpck, so as victuals are there cheaper and 
' better, than to be transpor^f d : Neither do 1 conceive any great 
'need of a fort or charge, where there is no enemy. 

'If my lord Palatine, wilfbring with him three hundred men or 
'more, there is no doubt but that he may doe very well and grow 
'rich, for it is a most pure healthfull air, and such pure wholesome 
'springs, rivers and waters, as are delightful!, of a desert, as can 
' be seen, with eo many varieties of severall flowers, trees and for- 

* rests for swine. So many fair risings and prospects, all green and 
' verdant: and Maryland a good friend and neighbour, in four and 
' twenty houres ready to comfort and supply. 

' And truly I beleeve, my lord of Baltimore will be glad of my lord 
' Palatines plantation and assistance against any enemy or bad neigh- 
'bour. And if my lord Palatine employ some men to sow flaxe, 
' hemp and rapes in those rich marishes, or build ships and make 
'pipe staves, and load some ships with these wares, or fish from the 
' northward, he may have any money, ware, or company brought 
'him by his own ships, or the ships of Virginia or New England 
'all the year. 

' And because your honour is of the noble house of the Pawlets, 
'and as I am informed, desire to lead many of your friends and 
'kindred thither, whom as I honour, I desire to serve, I shall 
'intreatyou to beleeve mee as a gentleman and christian, I. write 
'you nothing but the truth, and hope there to take opportunity in 
'due season to visit you, and doe all the good offices in Virginia, 
'my place or friends can serve you in. And thus tendering my 

* service, I rest, Madam, 

Your honours most humble faithfull servant. 
Egbert Evelin, 
' Now since master Elmea letter and seven years discoveries of 
'the lord governor in person, and by honest traders with the Indians 
' we finde beside the Indian kings by him known and printed, in 
^ this province there is in all twenty three Indian kings or chief 
^commanders, and besides the number of 800 by him named, 
' there is at least 1200 under the two Earitan kings on the north 
■'side next to Hudsons river, and those come down to the ocean 

' about 



Of new-jersey. 31 

had to renew their friendship : The Indians had before A. D. 

. 1654. 

made complaint, that the Swedes had introduced much 

evil 

about little Egbay and Sandy Barnegate, and about the South 
cape two small kings of forty men a piece, called Tirans and 
Tiascons, and a third reduced to fourteen men at Koymont, the 
Sa.«quehannocks are not now of the naturals left above 110, tho' 
with their forced auxiliaries the Ihon a Does, and Wicomeses they 
can make 250 : these together are counted valiant and terrible to 
other cowardly dul Indians, which they beat with the sight of 
guns only. 

'The eight seat is Kildorpy, neer the fals of Charles river, neer 
200 miles up from the ocean, it hath clear fields to plant and sow 
and neer it is sweet large meads of clover or honysuckle, no where 
else in America to be seen, unlesse transported from Europe, a 
ship of 140 tuns may come up to these fais which is the best seat 
for health, and a trading house to be built on the rocks, and ten 
leagues higher are lead mines in stony hills. 

' The ninth is called mount Ployden, the seat of the Rariton 
king on the north side of this province twenty miles from 8andhay 
sea, and ninety from the ocean, next to Amara hill, the retired 
paradise of the children of the Ethiopian eraperour, a won>ler, 
for it is a square rock, two miles coinpasse, 150 foot high, a wall- 
like precipice, a strait entrance, easily made invincible, where he 
keeps two hundred for his guard, and under it is a flat valley, all 
plain to plant and sow. 

'The Sasquehannocks new town is also a rare, heolthy and rich 
place, with it a crystal broad river, but some fals below hinder 
navigation, and the hooke hill on the ocean with its clear fields 
neer Hudsons river on one side, and a ten leagues flowing river on 
the south side is much commended tor health and fish, were it not 
so northerly. 

' The bounds is a thousand miles compass, of this most temperate 
rich province, for our south bound is Maryland north bounds, and 
beginneth at Aquats or the southermost or first cape of Delaware 
Bay, in thirty eight and forty minutes, and so runneth by, or 
through, or including Kent Isle, through C'hisapeask Bay to Pis- 
cataway ; including the fals of Pawtomecke river to the head or 
northernmost branch of that river, being three hundred miles 
due west, and thence northward to the head of Hudson's river 
fifty leagues, and so down Hudson's river to the ocean sixty 
leagues ; and thence to the ocean and isles acrosse Delaware Bay, 
to the South cape fifty leagues ; in all seven hundred and eighty 
miles. Then all Hudson's river, isles. Long Isle, or Paraunke, 
and all isles within ten leagues of the said province being ; and 
note. Long isle alone is twenty broad, and one hundred and eighty 
miles long, so that alone is four hundred miles compasse. Now 
I have examined all former patents, some being surrenderd, and 
some adjudg'd void, as gotten on false suggestions, as that at the 

' councell 



32 The HISTORY 

A. D. evil amongst them ; because many of the Indians since 



1654, 



their coming were dead ; but the Swedes now making 
them considerable presents, these received and divided 
amongst them, one of their chiefs, whose name was 
Noaman, made a speech rebuking the rest for having 
spoken evil of the Swedes, and done them harm ; 
telling them they should do so no more, that the 
Swedes were a good people, and thanking them for 
the presents, promised for the futui*e, that a more 
strict friendship should be observed betwixt them : 
That as formerly they had been but one body and one 
heart, they should be henceforward, as one head, as 

a 

^councell table was at master Gonges suit, of Mantachusets, and 
' as capt. Clayborn, heretofore secretary and now treasurer of 
'Virginia, in dispute with master Leonard Calvert alledgeth ; that 

* of Maryland is likewise void in part as gotten on false suggestions ; 
'for as capt. Clayborn, sheweth the Maryland patent in the first 
' part declareth the king's intention to be to grant a land thereafter 
described, altogether dishabited and unplanted, though poasest 
' with Indians. Now Kent isle was with many housholds of 
'English by C. Clayborn before seated, and because his majesty 
'by his privy signet shortly after declared it was not his intention 
'to grant any lands before seated and habited: and for that it lieth 
'by the Maryland printed card, clean north-ward within Albion, 
'and not in Maryland, and not onely late sea-men, but old deposi- 
'tions in Claybornes hand, shew it to be out of Maryland, and 
' for that Albions privy signet is elder, and before Maryland 
' patent, Clayborn by force entered, and thrust out master Calvert 
'out of Kent; next Maryland patent coming to the ocean, saith 
'along by the ocean upon Delaware Bay; that is the first cape of 
'the two most plain in view, and exprest in all late English and 
' Dutch cards ; and note unto Delaware Bay is not into the Bay, nor 
■* farther then that cape heading the Bay, being in thirty eight and 
' forty, or at most by seven observations I have seen, thirty eight 
'and fifty minutes: So as undoubtedly, that is the true intended 
' and ground bound, and line, and no farther, for the words follow- 
'ing are not words of grant, but words of declaration; that is, 

* Which Delaware Bay lieth in forty degrees where New-England 
*ends; these are both untrue, and so being declarative is a false 
'suggestion; is void, for no part of Delaware Bay lieth in forty. 
' Now if there were but the least doubt of this true bounds, I should 
' wish by consent or commission, a perambulation and boundary, not 
'but there is land enough for all, and I hold Kent isle having 

* lately but twenty men in it, and the mill and fort pulled down, and 
' in war with all the Indians neer it, not worth the keeping. 



Of new-jersey 33 

a token of which he waived both his hands as if tying A. D. 
a strong knot, promising also that if they heard of 
any mischief plotting against the Swedes, although it 
were midnight, they would give them notice, and 
desired the like notice from the Swedes, if they under- 
stood harm was intended them ; the Swedes then 
desiring the Indians in general would give them some 
signal that they all assented to what was said ; they 
gave a general shout of approbation, and in the con- 
clusion were entertained by the Swedes with victuals 
and drink; it was observed the Indians kept this 
league faithfully : The Swedish ships sent to succour 
ihis new colony, being obstructed in their intended 
voyage, by the Spaniards ; and the Swedes unable 
for want of money to keep their forts in repair ; gave 
their more powerful neighbours the Dutch, opportunity 
with less danger to make encroachments upon them. 
Accordingly, in this year, the Dutch who inhabited 
jiear Virginia and New-Sweden, gave the Swedes 
disturbance, seeking to regain the forts they had for- 
merly possessed : But this by means of the Swede 
governor, with Peter Stuyvesant, who commanded 
under the Dutch, at New- Amsterdam, was in appear- 
ance settled; yet in the year following, the Dutch 
fitted out seven vessels from New-Amsterdam, with i655. 
six or seven hundred men ; who in the summer, under 
the command of Stuyvesant, came up Delaware, 
.and took their first quarters at Elsingburgh, where Stuyve- 
they made some Swedes prisoners : Next they sailed peji^oQ," 
towards a fort called Holy Trinity ; having landed 
their men at a point near the place, and intrenched 
themselves, they soon after went up to the fort, and 
demanded a surrender, threatning what they would 
do in case of refusal : After which, by treaty or other- 
wise, they gained possession, took down the Swedes gains pos- 
flag, and hoisted their own, securing all places with ^^-^^^on. 

c their 



34 The HISTORY 

A. D. their soldiers, and sending the Swedes they had taken 
prisoners, on board their vessels : — An acquisition 
deemed considerable, because this fort was looked 
upon as the key of New-Sweden. 

On the second of September, they besieged Chris- 
tiana fort and town ; and destroyed New Gottemburgh, 
with such houses as were without the fort ; plundering- 
the inhabitants of what they had, and killing their 
cattle ; the Swedes endeavoured to perswade the Dutch 
to desist from these acts of hostility, but to no pur- 
pose : After 14 days siege, they (in want of Ammuni- 
Terms. tion) were obliged to ' surrender upon terms : That 

all the great guns should be restored ; to which pur- 
pose an inventory was taken ; the Swedes had also the 
gratification to march out of the fort, with their arms, 
their colours flying, and drums beating. The officers 
and other principal inhabitants among the Swedes, 
were carried prisoners to New-Amsterdam, and 
thence to Holland ; but the common people submitting 
to the Dutch, remained in the country. 

From this time till the year 1664, New-Sweden, 
1664. and New-Netherland, continued in possession, and 
under government of the Dutch ; who, on the island 
called Manhattan, at the mouth of Hudson's river, 
had built the city, which they named New-Amsterdam 
(New York) ; and the river they sometimes called the 
Great River: About 150 miles up, they built a fort, 
and called it Orange, (Albany) from thence they drove 
a profitable trade with the Indians, who came over land 
as far as from Quebec, to deal with them. The first 
bounds of New- York, were Maryland on the south, the 
main land as far as could be discovered westward, the 
river of Canada northward, and New-England eastward: 
But the limits of this province, by the grants afterwards,, 
were reduced into a much narrower compass ; that 
now called New-Jersey, in virtue of one of those grants, 

was 



Of new-jersey. 35 

was probably so denominated, in compliment to sir A. D. 
George Carteret, one of the proprietors, and a Jersey 

man./- 



CHAP. III. 

The particulars of the English conquest in 1664, and the 
transactions aftei'wards respecting the inhabitants on 
Delaware: The arrival of Francis Lovelace, as 
governor, part of his administration, and description 
of the Hoarkills. 

KING Charles the second, considering of what ill 
consequence a Dutch colony must be in the heart 
of his dominions, and determining to dispossess them, 
gave a patent to his brother the duke of York, for a 
great part of North- America, in which were included 
the provinces New-York, New-Jersey, and all other 
lands thereunto appertaining, with powers of govern- 
ment : And though his reign was not enterprizing, the 
Duke's concern in this property, and the aversion of 
both to the Dutch 9- made the reduction of this coun- 
try the first military stroke. Before there was any formal 
declaration of war with Holland, Sir Robert Carre, Sir Eobert 
was sent to America, with a small fleet and some land ^^^^' "' 
for,ces, to put the Duke in possession of the country ; 
this appears by the date of the commission given on 
this occasion, which was the 26th of April 1664, and 
the war with Holland was not declared till some 
months after. 

Thus the Dutch here, being unprovided for defence 
against a royal squadron and land forces, rendered the 

expedition 

/. It is said for some little time at first, to have bore the nam© 
New- Canary. 

^. Vid. Life of E. of Clarendon, Oxford printed at Clarendon 
printing house. Vol. ii. p. 373, &c. 



36 



The history 



A. D. 

1664. 



arrives and 



dispossesses 
the Dutch. 



Procla- 
mation. 



expedition safe and easy, Carre had joined with him 
in commission, col. Richard Nicolls, George Cart- 
wright, and Samuel Meverike. They arrived at Hud- 
son's River the latter end of 1664, at which time the 
Dutch could have but very little notice ^- of the designed 
rupture : The land forces consisting of three hundred 
men, were under the command of col. Nicolls. The 
Dutch governor, an approved soldier, who had lost a 
leg in the service of the states, being unprepared for this 
attack, and knowing perhaps the defects of the Dutch 
title, at least their present incapacity of defence, was 
after some time prevailed on to surrender quietly. The 
papers and messages that passed between him and the 
English on this occasion, will give the reader a full 
insight into the manner and terms of this surrender. 

When the English arrived at New-Amsterdam, a 
proclamation was made and spread through the country 
of the design of their coming, conceived in the terms 
following. 

' By his Majesty's command. 

' Forasmuch as his majesty hath sent us by commis- 
' sion, under his great seal of England, amongst other 
' things, to expel or to reduce to his majesty's obedience, 
' all such foreigners as have without his majesty's leave 
'and consent, seated themselves amongst any of his 
' dominions in America, to the prejudice of his majes- 
'ty's subjects and the diminution of his royal dignity : 
' We his majesty's commissioners do declare and pro- 
' mise, that whosoever of what nation soever, will upon 
^ knowledge of this proclamation, acknowledge and 

* testify themselves to submit to his majesty's govern- 

* ment, as his good subjects ought to do, shall be pro- 
'tected by his majesty's laws and justice, and peace- 
^ably enjoy whatsoever God's blessing and their own 

* honest industry have furnished them with; and all 

' other 



h. The first notice they had was from Thomas Willet, aa 
EnglishmaD, about 6 weeks before their arrival. 



Of new-jersey, 37 

■^ other privileges with his majesty's English subjects: A. D. 

■* We have caused this to be published, that we might •^*^^^- 

^ prevent all inconveniencies to others if it were possi- 

^ ble, however, to clear ourselves from the charge of all 

' those miseries that anyway may befall such as live here, 

* and will not acknowledge his majesty for their sove- 

^ reign : Whom God preserve.' 

The Dutch governor Stuyvesant, upon notice of the 
arrival of the English in the Bay, dispatched the fol- 
lowing letter. 

Right honourable Sirs, 

'Whereas we have received intelligence, that about 
"'three days since, there arrived an English man of Stuyve- 
^ war, or frigate in the Bay of the North River, want's letter. 
^ belonging to the New Netherlands, and since that 
^ three more are arrived, by what order or pretence is 
*yet unknown to us; and having received various 
' reports concerning their arrival upon this coast, and 
'not being apt to entertain any prejudice intended 
' against us, have by order of the commander in chief 
'of the New Netherlands, thought it convenient and 
'requisite, to send the worshipful the bearer hereof, 
'that is to say, the worshipful John Declyer, one 
' of the chief council, the reverend John Megapolensis, 
' minister, Paul Leendelvandergrift, mayor of 
'this town, and have joined with them Mr. Samuel 
' Megapolensis, doctor in physick, whom by these 
'presents I have appointed and ordered, that with the 
' utmost respect and civility, they do desire and entreat 
'of the commander in chief of the aforesaid men of 
' war or frigates, the intent and meaning of their 
^ approach, and continuing in the harbour of Naijacly, 
' without giving any notice to us, or first acquainting 
' us with their design, which action hath caused much 
' admiration in us, having not received timely know- 
' ledge of the same, which in respect to the govern- 
'ment of the place, they ought, and were obliged to 
'have done; wherefore upon the considerations afore- 
' said, it is desired and entreated from the general of 

the 



38 



The history 



A. D. 

1664. 



Nicoll's 
reply. 



' the aforesaid men of war or frigates, as also from our 

* before deputed agents, whom we desire your honours- 

* civily to treat, and to give and render unto them, 
' the occasion of your arrival here upon this coast, and 
' you will give an opportunity (that after our hearty 
' salutes and wellwishes of your health,) to pray, that 
'you may be blessed in eternity, and always remain^ 

* right honourable sirs, your honours affectionate 

* friend and servant, P. Stuyvesant. 

* By order and appointment of the governor and com- 

' mander in chief of the council of New Netherlands, 
*the 19-29 of August, 1664. 

Cor:^elius Ruyven, Secretary." 

To this letter col. Nicolls sent the answer following, 

* To the honourable the governor and chief council at 

' the Manhatans.i- 

' Right worthy Sirs, 

* I received a letter by some worthy persons entnisted 
' by you, bearing date the 19-29th of August, desiring 
' to know the intent of the approach of the English 
'frigates, in return of which I think fit to let yoa 
' know, that his majesty of Great-Britain, whose right 
' and title to these jDarts of America is unquestionable,. 

* well knowing how much it derogates from his crown 
'and dignity, to suffer any foreigners how near soever 
' they be allied, to usurp a dominion, and without his 

* majesty's royal consent, to inhabit in these or any 
' other his majesty's territories ; hath commanded me 
' in his name, to require a surrender of all such forts, 
' towns or places of strength, which are now possessed 
' by the Dutch under your commands ; and in his 
' majesty's name I do demand the town situate upon the 
' island commonly known by the name of Manhatoes, 
' with all the forts thereunto belonging, to be rendered 
' unto his majesty's obedience and protection unto my 

* hands : I am further commanded to assure you, and 

every 



t. The Indian name, by which New- York island waa formerlj 
called. 



Of NEW-JERSEY. 39 

' every respective inhabitant of the Dutch nation, that A. D. 

* his majesty being tender of the effusion of christian ■'^^^^• 
^ blood, doth by these presents, confirm and secure to 

' every man, his estate, life and liberty, who shall 
' readily submit to his government ; and all those who 

* shall oppose his majesty's gracious intentions, must 
' expect all the miseries of a war which they bring upon 
' themselves. I shall expect your answer by those 

* gentlemen, colonel George Cartwright, one of his 

* majesty's commissioners in America, captain Robert 
'Needham, capt. Edward Groves, and Mr. Thomas 
< Delavall, whom you will entertain and treat with such 

* civility as is due to them and yourselves, and you shall 

* receive the same from, worthy sirs, your very hum- 

* ble servant, Richaed Nicolls. 

•' Dated on board his majesty's ship the Guinea, riding 
' before Naijack, the 20-30 of August 1664, , 
Stuyvesant now fully informed of the English Stuyve- 

general's business from himself, returned in answer : 
' That they were so confident of the discretion and 

* equity of his majesty of Great-Britain, that were his 

* majesty truly informed of their right, he would not 

* have given such an order : That the Dutch came not 

* into these provinces by any violence, but by virtue of 

* a commission from the states general in 1614, when 

* they settled the North River, near fort Orange, and 

* to avoid the invasions and massacres commonly com- 

* mitted by the savages ; they built a little fort there : 
*That afterwards in the year 1662, and at the present 

* time, by virtue of a commission and grant to the 

* governor of the West-India company, and another 

* in the year 1656 of the South River, to the burgo- 

* masters of Amsterdam, they had peaceably governed 

* and enjoyed these provinces : That they were the first 

* discoverers, had purchased the land of the natives, 

* princes of the country ; and had continued in the 

* uninterrupted possession thereof : That they made 
*no doubt that if his majesty of Great-Britain, were 
*. truly informed of these passages, he was too judicious 

to 



sanl's an- 
swer. 



40 



The history 



A. D. 

1664. 



Order to 
Hide. 



Stuyve- 
Bant's third 
letter. 



' to give any order that the places and fortresses in their 
' hands should be given up, especially at a time when so 
' strict a friendship subsisted between his majesty and the 
' states general : That the offering any act of hostility and 
' violence against them, would be an infraction of the 
' treaty, which subsisted between his majesty of Great- 
' Britain and the states general : That as to the threats 
^ in the conclusion of general Nicoll's letter, he had 
' nothing to answer, only that they feared nothing but 
' what God should lay upon them.' 

Col. Nicolls, receiving this answer, found nothing 
was to be done by delay ; and being resolved to assert his 
masters right in the "best manner he could, directed 
an order to capt. Hide to this effect : 

' Whereas the governor and council of the Dutch 
' plantation upon the Manhatoes, in Hudson's River, 
' have in answer to a summons returned their resolutions 
' to maintain the right and title of the states general 

* and West-India company of Holland, to their forts, 
' towns and plantations in these parts of America : I 
' do therefore in prosecution of his majesty's service,. 
' recommend to captain Hugh Hide, commander ini 

* chief of the squadron, to prosecute with the advice 

* of the captains under his command, his majesty's- 
' claim and interest, by all ways and means as they shall 
' think most expedient, for the speedy reducing the 
' Dutch under his majesty's obedience, and for so doing 
' this shall be their warrant. Given under my hand 
' the 24th of August 1664, on board his majesty's ship 

* the Guinea. Richard Nicolls.' 

It appearing by this order, and preparations ia 
consequence of it, that the English were not come 
for amusement only; Stuyvesant thought it best 
before matters were carried too far, to propose one 
expedient more; this he did by letter to col. Nicolls, 
the 4th September. 

My Lord, 

' Upon our letter the day before yesterdiay, and 
' upon the commuuication by word of mouth, of our 

deputies 



Of NEW-JERSEY. 41 

* deputies, touching the just right and possession ; A. D. 
' without dispute of my lords, the states general of the ■^^^^' 
' united provinces, as also of our discovery of the 

* news from Holland ; which makes us not to doubt 

* but that the king of Great-Britain, and my lords 
' the said states, are at this hour agreed upon their 
' limits : this had given us hope my lord to avoid all 
' dispute ; that you would have desisted from your 

* design, or at least have given time that we might have 
' heard from our masters ; from which expectation we 
' have been frustrated by the report of our said deputies, 

* who have assured us by word of mouth, that you 

* persist on your summons and letter, of 20-30 August, 

* upon which we have no other thing to answer, but 
' that following the order of my lords the states 
' general, we are obliged to defend our place ; how- 
' ever that in regard that we make no doubt, that 
' upon your assault and our defence, there will be a 

* great deal of blood spilt ; and besides it is to be feared 

* greater difficulty may arise hereafter ; we have 
' thought fit to send unto you, Mr. John de Decker, 

* counsellor of state ; Cornelius Van Riven, secretary 

* and receiver ; Cornelius Steenwick, mayor, and 
' James Coussea, sheriff; to the end of finding some 
' means to hinder and prevent the spilling of innocent 
' blood, which we esteem my lord not to be your 

* intention ; praying that you will please to appoint a 
' place and hour, and send or cause your deputies to 
' meet there, with full commission to treat and seek 
' out the means of a good accommodation ; and in 
' the mean time to cause all hostility to cease : Upoa 

* which, after recommending you to the protection of 

* God, we remain, my lord, your thrice affectionate 

* friend and servant, 

P. Stuyvesant. 

To this col. Nicoll's replyed, in a letter directed 
to the honourable the governor of the Manhatoes, 
as follows : 

Right 



42 



The history 



A. D 

1664, 



Right worthy sir, 
' In auswer to yours of the 4th of September, new 
' stile, by the hands of John de Decker, counsellor of 
'state, Cornelius Van Riven, secretary and receiver, 
' Cornelius Steenwick, burgo master, and James 
' Causseau, sheriff', I do think it once more agreeable 
' to the kings intentions, and my duty to his strict 
' commands, to propose and receive all ways and 

* means of avoiding the effusion of christian blood; 
^ of which sincere intention, I suppose you are already 
' fully satisfied, and shall have no cause to doubt it 

* for the future ; as also that I do insist upon my first 
^ summons and message to you, for a speedy surrender 

* of the towns and forts now under your command, 
' into his majesty's obedience and protection. You 

* may easily believe that in respect of greater difficulties 

* which are ready to attend you, I should willingly 

* comply with your proposition to appoint deputies, 

* place and time to treat of a good accommodation ; 

* but unless you had also given me to know, that by 
' such a meeting you do intend to treat upon articles of 

* surrender, I do not see just cause to defer the pur- 
^ suance of his majesty's commands, my first demand 
^ and my last answer, of reducing your towns and 
' forts to his majesty's obedience ; which, why you call 

* acts of hostility, I see no reason : However, since you 
' have given yourself and messengers this new trouble. 

* I shall also take this fresh occasion, to assure you 

* that I heartily with health, peace and prosperity, to 

* every inhabitant of your plantations, and particularly 
^ to yourself, as being your affectionate humble servant, 

Richard Nicolls. 
Gravesend, 25th August 1664. 

The Dutch governor finding Nicolls grew more 
resolute in his enterprize, and the country in general 
for him, after having tried, in vain, what other pacifick 
expedients he could, at last agreed to a surrender of the 
fort and province under his government, and commis- 
-sioners were authorized to treat upon the articles j those 

on 



. Of NEW-JERSEY. 43 

on the part of the Englisli were, sir Robert Carre, knt. A. D. 
colonel George Cartwrlght, John Winthrop, esq ; go- (^om^jg. 
vernor of Connecticut, and Samuel Willis, one of his sioners. 
council, capt. Thomas Clarke, and capt. John Punct- 
won, commissioners from the general court of the 
Massachusetts, the persons named by governor Stuy- 
vesant were, John de Decker, Nicholas Varlett, com- 
missary, concerning matters of traffick, Samuel Me- 
gapolensis, Cornelius Steenwick, Stephen Courtland, 
and James Coussea. 

The articles of this treaty as they are signed and 
confirmed by col. Nicolls and governor Stuyve- 
sant, and subscribed by the commissioners, bear date 
the 21th of August 1664 old stile, and are as follows. 

1. We consent that the states general, or the West Articles. 
India company, shall freely enjoy all farms and houses, 
except such as are in the forts, and that within six ■ 
months they shall have free liberty to transport all such 

arms and ammunition, as now do belong to them, or 
else they shall be paid for thenj. 

2. All publick houses shall continue for the uses 
which now they are for. 

3. All people shall still continue free dennizens, and 
enjoy their lands, houses, goods, ships wheresoever 
they are within the country, and dispose of them as 
they please. 

4. If any inhabitant have a mind to remove 
himself, he shall have a year and six weeks from this 
day to remove himself, wife, children, servants, goods, 
and to dispose of his lands here. 

5. If any officer of state or publick minister of 
state have a mind to go for England, they shall be 
transported freight free in his majesty's frigates, whea 
those frigates return thither. 

6. It is consented to that any people may freely come 
from the Netherlands, and plant in this country, and 
that Dutch vessels may freely come hither, and any of 

the 



44 TheHISTOEY 

A. D. the Dutch may freely return home, or send any sort of 
1664. merchandize home in vessels of their own country. 

7. All ships from the Netherlands, or any other 
place and goods therein shall be received here and 
sent hence after the manner which they formerly 
were, before our coming hither for six months next 
ensuing. 

8. The Dutch shall enjoy the liberty of their consci- 
ences, in divine worship and Dutch discipline. 

9. No Dutchman here, or Dutch ship here, shall 
upon any occasion be pressed to serve in Avar against any 
Nation whatsoever. 

10. That the townsmen of the Manhatoes shall not 
have any soldiers quartered upon them, without being 
satisfied and paid for them by the officers, and that at 
this present, if the fort be not capable of lodging all 
the soldiers, then the burgomaster by his officers, shall 
appoint some houses capable to receive them. 

11. The Dutch here shall enjoy their own customs 
concerning their inheritances. 

12. All publick writings and records, which concern 
the inheritances of any people, or the reglement of the 
church or poor or orphans, shall be carefully kept by 
those in whose hands now they are, and such writings 
as particularly concern the states general, may at any 
time be sent to them. 

13. No judgment that hath passed any judicature 
here, shall be called in question, but if any conceive he 
hath not had justice done him, if he apply himself to 
the States General, the other party shall be obliged to 
answer for the supposed injury. 

14. If any Dutch living here, shall at any time 
desire to travel or traffick into England, or any place 
or plantation in obedience to his majesty of England, 
or with the Indians, he shall have upon his request to 
the governor, a certificate that he is a free Denizen of 
this place, and liberty it to do. 

15. If it do appear that there is a publick engage- 
ment of debt, by the town of Manhatoes, and a 

way 



Of new-jersey. 45 

vi-ay agreed on for the satisfying of that engagement, A. D. 
it is agreed that the same way proposed shall go on ; 'i-Q&'L 
and that the engagements shall be satisfied. 

16. All inferior civil officers and magistrates, shall 
continue as they now are, if they please, till the 
customary time of new election, and then new ones 
to be chosen by themselves ; provided that such new 
chosen magistrates, shall take the oath of allegiance 
to his majesty of England, before they enter upon 
their offices. 

17. All diiferences of contracts and bargains made 
before this day, by any in this country, shall be 
determined according to the manner of the Dutch. 

18. If it does appear that the West-India company, 
of Amsterdam, do really owe any sums of money to 
any persons here ; it is agreed that recognition and 
other duties payable by ships going for the Netherlands 
be continued for six months longer. 

19. The officers military and soldiers, shall march 
out with their arms, drums beating, and colours flying,, 
lighted matches ; and if any of them will plant they 
shall have fifty acres of land set out to them ; if any 
of them will serve any as servants, they shall continue 
with all safety and become free Denizens afterwards. 

20. If at any time hereafter the king of Great-Bri- 
tain and the States of the Netherland, do agree that 
this place and country be redelivered into the hands 
of the said states, whensoever his majesty will .send his 
commands to redeliver it, it shall immediately be done. 

21. That the town of Manhatans shall choose depu- 
ties, and those deputies shall have free voices in all 
publick aifairs. 

22. That those who have any property in any houses 
in the fort of Aurania, shall if they please, slight the 
fortifications there, and then enjoy all their houses as 
all people do where there is no fort. 

23. If there be any soldiers that will go into Hol- 
land, and if the company of West India in Amster- 
dam 



46 The HISTORY 

A. D. dam, or any private persons here, will transport them 
into Holland, then they shall have a safe passport from 
col. Richard Nicolls, deputy governor under his royal 
highness, and the other commissioners, to defend the 
ships that shall transport such soldiers and all the goods 
in them from any surprizal or act of hostility to be done 
by any of his majesty's ships or subjects. 

24. That the copies of the king's grant to his royal 
highness, and the copy of his royal highness's commis- 
sion to col. Richard Nicolls, testified by two com- 
missioners more and mr. Winthrop, to be true copies, 
shall be delivered to the honourable Mr. Stuyvesant, 
the present governor, on Monday next by eight of the 
clock in the morning, at the old Milne, and these arti- 
cles consented to and signed by col. Richard Nicolls, 
deputy governor to his royal highness, and that within 
two hours after the fort and town called New Amster- 
dam, upon the island of Manhatoes, shall be delivered 
into the hands of the said col. Richard Nicolls, by 
the service of such as shall be by him thereunto 
deputed by his hand and seal. 

The articles agreed on, the fort and city of New- 
Amsterdam, were surrendered. Some of the houses 
were then built of brick and stone, and in part covered 
with red and black tile, and the land being high, it 
made an agreeable prospect to those that visited it from 
the sea ; Most of the Dutch inhabitants remained, and 
took the oaths to the English government; and they 
and their posterity have been loyal subjects ever since.*- 

Thirteen days after the surrender of New Amster- 

p dam, col. Nicolls, marched up the country to Orange 

Orange. fort, and having taken it without much resistance, he 

gave it the name of Albany, the duke of York's 

Scotch 

k. In tlie year 1751, as some workmen were digging down the 
bank of the North Kiver, in New York, in order to build a still- 
house, a stone wall was discovered between four and five feet thick, 
near eight feet under ground, supposed to have been the breast work 
of a battery. 



Of NEW-JEESEY. 47 

Scotch title: But previous to the taking of this fort, A. D. 
the colonel and other commissioners sent sir Robert ^ , 
Carre with the ships under his command, on an expedi- expedition 
tion into Delaware bay and river, to reduce the in ha- ^^^.^^ 
bitants there. To this end they granted him their 
commission. 

' Whereas we are informed that the Dutch have His com- 
' seated themselves at Delaware Bay, on his majesty of i^'ssion. 

* Great-Britain's territories, without his knowledge and 

* consent, and that they have fortified themselves there, 
' and drawn a great trade thither, and being assured that 
' if they be permitted to go on, the gaining of this 
' place will be of small advantage to his majesty : We 
' his majesty's commissioners, by virtue of his majesty's 
' commission and instructions to us given, have advised 

* and determined to endeavour to bring that place and 
' all strangers there, in obedience to his majesty, and by 
' these do order and appoint that his majesty's frigates, 
' the Guinea, and the William and Nicholas, and all 
' the soldiery which are not in the fort, shall with what 
' speed they conveniently can go thither, under the 
' command of sir Robert Carre, to reduce the same, 
' willing and commanding all officers at sea and land 
' and all soldiers to obey the said sir Robert Carre 
' during this expedition. Given under our hands and 
' seals, at the fort in New- York, upon the isle of 
' Manhatoes, the third day of September, 1664. 

Richard Nicolls, 
George Cartwright, 
Samuel Maverick. 
With this commission, instructions were delivered 
Carre, respecting the manner in which he was to con- 
duct on his arrival in the bay of Delaware. 

* Instructions for sir Robert Carre, for the reducing 

' of Delaware bay, and settling the people there, 
* under his majesty's obedience.' 
' When you are come near unto the fort, which 
*is possessed by the Dutch, you shall send your boat 

on 



48 



The history 



A. D. 

1664. 



on shore, to summons the governor and inhabitants 
to yield obedience to his majesty, as the rightful 
sovereign of that tract of land ; and let him and 
them know, that all the planters shall enjoy their 
farms, houses, land, goods and chattels, with the 
same priviledges, and upon the same terms which 
they do now possess them ; only that they change 
their masters, whether they be the West-India com- 
pany, or the city of Amsterdam. To the Swedes 
you shall remonstrate their happy return under a 
monarchical government, and his majesty's good 
inclinations to that nation, and to all men, who 
shall comply with his majesty's rights and titles in 
Delaware, without force of arms. 

' That all cannon, arms and ammunition which 
belongs to the government, shall remain to his 
majesty. 

' That the acts of parliament shall be the rule for 
^ future trading. 

' That all people may enjoy liberty of conscience. 

' That for six months next ensuing, the same magis- 
' strates shall continue in their offices, only that they 

* and all others in authority must take the oath of 

* allegiance to his majesty, and all publick acts be 

* made in his majesty's name. 

* If you find you cannot reduce the place by force, 
' or upon these conditions, you may add such as you 
' find necessary on the place ; but if those, nor force, 
' will prevail, then you are to dispatch a messenger 
^ to the governor of Maryland, with a letter to him ; 
^ and request his assistance, and of all other English 
' who live near the Dutch plantations. 

' Your first care (after reducing the place) is to 

* protect the inhabitants from injuries, as well as vio- 
^ lence of the soldiers ; which will be easily effected, if 

* you settle a course for weekly or daily provisions by 
^ agreement with the inhabitants ; which shall be 

* satisfied to them, either out of the Droffits, customs 

* or rents belonging to their present master, or in case 

* of necessity from hence. * The 



OfNEW -JERSEY. 49 

' The Iciws for the present cannot be altered, as to A. D. 
•* the administration of Justice between the parties. ' 

' To my lord Baltimore's son you shall declare, and 
'to all the English concerned in Maryland, that his 

* majesty hath, at his great expence, sent his ships and 
' soldiers to reduce all foreigners in those parts to his 
' majesty's obedience ; and to that purpose only, you 
' are employed : But the reduction of the place being 
' at his majesty's expence, you have commands to keep 
' possession thereof for his MajcsUfs own behoof and 
' 7'ight ; and that you are ready to joyn the governor 
' of Maryland, upon his majesty's interest on all 
' occasions ; and that if Lord Baltimore doth pretend 
' right thereto by his patent, (which is a doubtful 

* case) you are to say, that you only keep i)osscssion 

* till his majesty is informed and satisfied otherwise. 
' In other things, I must leave you to your discretion, 
' and the best advice you can get upon the place.' 

In pursuance of this commission, Carre soon set 
sail, with the ships under his command. On his arrival 
against New-Castle, (then called New-Anistel) the New- 
Dutch and Swedes, following the example of their 
capital, New- Amsterdam, capitulated and surrendered 
their fort. The articles were signed and sealed by 
the English commanding officer, and six of the 
principal inhabitants of the place, on behalf of them- 
selves, and others. 

' Articles of agreement between the honourable sir Articles. 
' Robert Carre, knight, on the behalf of his raa- 
'jesty of Great-Britain, and the burgo-masters, on 
' behalf of themselves, and all the Dutch and 
' Swedes, inhabiting on Delaware bay, and Dela- 
' ware river.' 

' 1. That all the burgesses and planters will submit 
' themselves to his majesty, without any resistance. 

' 2. That whoever, or what nation soever, doth 
' submit to his majesty's authority, shall be protected 
' in their estates, real and personal whatsoever, by his 

* majesty's laws and justice. 

D '3. That 



50 



The history 



A. D. 

1664. 



1668. 



' 3. That the present magistrates shall be continued 
Mn their offices, and jurisdiction to exercise their 

* civil power as formerly. 

' 4. That if any Dutchman or other person shall 
' desire to depart from this river, it shall be lawful 

* for him so to do with his goods, within six months 
' after the date of these articles. 

' 5. That the magistrates and all the inhabitants 
' (who are included in these articles) shall take the 
' oaths of allegiance to his majesty. 

' 6. That all people shall enjoy the liberty of their 
' consciences, in church discipline as formerly. 

' 7. That whoever shall take the oaths, is from that 
' time a free Denizen, and shall enjoy all the privi- 
' ledges of trading into any of his majesty's domi- 
' nions, as freely as any Englishman, and may require 
' a certificate for so doing. 

' 8. That the schout, the burgo-master, sheriff, 

* and other inferior magistrates, shall use and exercise 
' their customary power, in administration of justice, 
' within their precincts for six months, or until his 
' majesty's pleasure is further known. 

Da'ted October 1st 1664. 
New-Amsterdam, Orange Fort, and the inhabitants 
up Delaware, being reduced, the whole country was 
in a manner in possession of the English ; and things 
being in a quiet posture about New-York, Nicolls 
was commissioned the 24th of October, 1664, by 
Cartwright and Mevericke, to repair to Delaware bay, 
for government of the place, by deputing such officers 
civil and military, and taking such other measures as 
he should think proper, until the kings pleasure was 
further known.^- Thus things rested till 1668; when 
Nicolls and his council at New- York, gave the follow- 
ing 



I. In the begining of the year 1665, there was a comet visible 
to the people on this continent : It had appeared in the November 
before, and continued four montlis: It rose constantly about one 
o'clock in the morning, in the south-east. It was seen likewise in 
England, and in most other parts of the world, at the same time. 



Of new-jersey. 51 

ns directions for a better settlement of the erovern- A. D. 

iient on Delaware. -p,- ?• 

Directions 

' That it is necessary to hold up the name and coun- for the go- 
tenance of a garrison in Delaware, with twenty men vernment 
and one commission officer, ^^^j.^ 

'That the comniission officers shall undertake to 
provide all sorts of provision for the whole garrison, 
at the rate of 5d. per day, viz. wholesome bread, 
beer, pork, pease or beef, that no just complaint be 
made of either : That the soldiers, (so far as conve- 
niently they may,) be lodged in the fort, and keep the 
Stockadoes up in defence : that the civil government 
in the respective plantations be continued till further 
orders. 

' That to prevent all abuses or oppositions in civil 
magistrates, so often as complaint is made, the com- 
mission officer capt. Carre, shall call the scout, with 
Hans Block, Israel Holme, Peter Rambo, Peter 
Cock, Peter Aldrick, or any two of them, u"^ coun- 
cellors to advise, hear, and deterinine by the major 
vote, what is just, equitable and necessary in the case 
and cases in question. 

' That the same persons also, or any two or more of 
them, be called to advise and direct what is best to be 
done in all cases of difficulty, which may arise from 
the Indians, and to give their councel and orders for 
the arming of the several plantations and planters, 
who must obey and attend their summons upon such 
occasion. 

' That two thirds at least of the soldiers remain 
constantly in and about New-Castle at all hours. 

' That the fines or preminures and light offences, 
be executed with moderation, though it is also neces- 
sary that ill men be punished in an exemplary manner. 

' That the commission officer capt. Carre, in the de- 
termination of the chief civil affairs, whereunto the 
temporary before mentioned councellors are ordained 
shall have a cascing voice where votes are equal. 

' That the new appointed councellors are to take the 
* oath to his royal highness. ' That 



52 The HISTORY 

A. D. < That the laws of the government, established by 

• ' his royal highness, be shewed and frequently commu- 

* nicated to the said councellors and all others, to the end 
' that being therewith acquainted, the practice of thera 
' may also in convenient time be established ; which 

* conduceth to the publick wellfare and common justice. 

* That no offensive war be made against any Indians, 
' before you receive directions from the governor for 
' your so doing. 

' That in all matters of difficulty and importance, 

* you must have recourse by way of appeal, to the 
' governor and council at New- York.' 

These instructions bore date the 21st of April 1668 ; 
within two months afterwards, the government at New- 
York received advice, that some of the tribe of the 
Murders Mantas Indians, nigh Delaware, had murdered the 

servants of one Tomm. Peter Aldricks and Peter 
Rambo, arriving soon after, confirm'd that news, and 
further inform'd the government, that the Indians in 
those parts desir'd, there should be an absolute prohibi- 
tion upon the whole river, of selling strong liquor to 
the Indians generally ; by which it seems the late murders 
had probably been the consequence of a drunken frolick ; 
this is the more likely, as the whole body of the Indians 
in the first settled part of the lands on Delaware, after- 
wards through a long course of experience, manifested 
an open hospitable disposition to the English, and were 
in the general, far from any designs to their prejudice. 
The governor and colonel Lovelace wrote to Carre, 
authorizing him to convene those joined with him in 
commission for the management of civil affairs, and 
with their advice to make all necessary rules and give 
orders for the government of both christians and 
Indians ; and because those murders, and the restraining 
the Indians from strong liquors, might be attended 
with difficulties, Carre was ordered, after consulting 

the 



Of new-jersey. 63 

the Indians on the best method of proceeding;, to A. D. 
send the state of the matter to the council at New- 
York. 

Another disturbance that soon followed, took up 
their attention for a while, and seem'd likely to prove 
an affair of some consequence against the new-establish'd 
government, but was prevented by the vigilance 
of the persons in administration. A Swede at Delaware, 
who gave out that he was the son of Coningsraarke, 
the Sweedish general, went up and down from one 
place to another, spreading rumours to the disturbance 
of civil peace and the laws, intending thereby to make 
a party strong enough to raise an insurrection, and if 
possible, throw off the English allegiance ; to him 

was associated Henry Coleman, one of the Finns, and ^Henrj 

•^ ' Coleman. 

an inhabitant at Delaware : The last left a good habi- 
tation, cattle and corn, and was well versed in the 
Indian language ; as they both kept very much among 
the Indians their designs were the more suspected. The 
government however, ordered a proclamation, that if 
Coleman did not surrender himself, to answer what 
should be objected against him in fifteen days, his 
estate should be secured to the king's use ; whether he 
came in appears not, but the other being a vagrant, 
more effectual measures were used, so that he was soon 
in custody ; all the rest who had a hand in the plot, 
were by the government at York, bound to give secu- 
rity to answer for their conduct, and an account of their 
■estates ordered to be taken : The governor in the mean 
time tells Carre in his letter upon this occasion, ' That 
' as for the poor deluded sort, I think the advice of 

* their own countrymen is not to be despised, who 
■* knowing their temper well, prescribed a method for 

* keeping them in order, which is severity, and laying 
' such taxes on them as may not give them liberty to 

* entertain any other thoughts but how to discharge 

' them. — 



64 



The history 



A. D. 

1668. 



Connings- 
marke. 



An Indian 
rape. 



' them. — I perceive the little Domine hath played the- 
* truinpter to this disorder ; I refer the quality of his 
' punishment to your direction.' 
At a council held at New-York, October 18, 1669. 

Present: The Governor, Thomas Delaval, 

Ralph Whitfield, Thomas Willet, secry. 

This affair being taken into consideration, it was 
adjudged that Conningsmarke, commonly called the- 
long Finne, deserv'd to die, yet in regard that 
many concern'd with him in the insurrection, might 
also be involv'd in the premunire, if the rigour of the 
law should be extended, and amongst them diverse sim- 
ple and ignorant people, it was thought fit to order 
that the long Finne should be severely whipt, and stig- 
matized with the letter R, with inscription in great 
letters on his breast, that he received that punishment 
for rebellion, and after to be secured till sent to ' Bar- 
' badoes or some other remote plantation to be sold : ' It 
was further ordered, that the chief of his accomplices 
should forfeit to the king, one half of their goods and 
chattels, and a smaller mulct laid on the rest to be left 
at discretion of commissioners, appointed to examine 
the matter. 

In pursuance of this sentence, the long Finne was 
brought fettered from Delaware, and put prisoner in 
the State-house at York, the 20th December, and there 
continued a year, when a warrant was signed, and he, 
in pursuance of it, transported for sale to Barbadoes. 

At this council also came under consideration, the 
case of an Indian, who had committed a rape on a 
christian woman ; the council ordered that he should be 
put to death if he could be found, and that application 
be made to the Sachems of his tribe, to deliver him. 
up, that justice might be executed upon him. He had 
been once taken and condemned to death by the com- 
missioners at Delaware, but broke gaol. 

One 



Of new-jersey. 55 

One Douglass at the Hoarkill, after this, gave the A. D. 
new settlers a considerable disturbance by seditious 
practices, but he was tiiken, sent to gaol, and afterwards 
from thence to York, where he had his trial, and was 
sent to the eastward, with a caution not to return into 
the government any more. 

In the month call February 1669, Francis Love- Governor 
\ac&n. being then governor, a commission and letters Lovelace, 
of instruction were sent to the Hoarkill, authorizing 
Hermanns Fredericksen, to be schout. Slander Matson, 
Otto Walgast, and William Cleason to be commissaries, 
who were to keep good orders there, and to try all 
matters of difference under 101. amongst themselves ; 
this seems to be intended to save them the trouble of 
going to New-Castle upon every trifling occasion ; but 
for all matters above 10 1. they were to apply themselves 
to New York, and so for all criminals. 

Governor Lovelace gave also an order to captain 
Martin Prieger, to receive the customs for all Euro- 
pean goods imported at the Hoarkill, and on the furrs 
and peltry exported from thence, — viz. 10 1. per cent. 

' Whereas I am given to understand, that all Euro- Customs 
^ pean goods imported at the Hoarkill in Delaware bay, at the 

* did heretofore pay custom at the rate of 10 1. per cent. Hoarkills. 

* and all furrs and peltry exported from thence at the 

* same rate, which turned to some advantage towards 

* the support of the government, upon mature advice 
■* and consideration had thereof, I have thought fit 
^ to renew the former custom, and do therefore hereby 
^ order and appoint captain Martin Preiger, who is a 
^ person well versed in the trade of those parts, and very 
^ well known there both to the christians and Indians, 
'* to be receiver and collector of the customs at the 

Hoarkill 

m. He succeeded Nicolls in the government of New York, in 
May 1667, and continued governor till the colony was given up to 
ithe Dutch in the summer, 1673. Nicolls had remained governor 
«ince the Dutch surrender till then, about two years and a h-'lf. 



56 TheHISTOKY 

A.D. *Hoarkill, where by himself or his deputy he is to 

* receive 10 per cent, of all European goods imported 
' there, whether coming from this place, New-Castle 
' in Delaware, or any other part ; and ten per cent. 
' also for all furrs or peltry exported from thence, 
'according to former custom and usage on that behalf; 
' and all persons whatsoever trading thither, or from 
' thence to any other place, arc to take notice thereof, 
' and to obey this my commission, under the penalty 

* of confiscation of their goods if they shall presume 
' to do otherwise, the said capt. Prieger standing obliged 
*to be answerable here, for all such customs as shall be 

* received by himself or deputy there, of which he is 

* to render unto me a due and exact account.' 
Remarks. It was very early to impose such an extraordinary clog 

upon trade as 10 per cent, and no doubt hard 
upon the young settlers to pay it, and the reason given 
for doing it (namely that it had been done before) seems 
not so well calculated to render the payment easy as 
might have been contrived ; probably the chief cause 
was that hinted at in the governor's letter to Carre, ' tO' 

* keep them under by taxes, that they might not have 

* liberty to entertain any other thoughts but how to 
' discharge them.' The daily exigencies of the govern- 
ment in those precarious times afforded a better present 
plea, tho' of no force for continuing it afterwards ; but 
after all, the government then more military than civil,, 
probably but little thought of a necessity to bestow colour- 
ing upon their proceedings, however extraordinary, to 
a people whom they could at any time compel to their 
measures ; hard where that is the case of necessity, but 
more hard and arbitrary when continued without that 
necessity. These precedents introduced a similarity of tax- 
ation, which in time proved intolerable grievances. 
But be their reasons to themselves. — As the Hoarkills to 
the Sw^edes appeared a place of rather more conse- 
quence than it's thought since, their account may be 
worth observation. * Twa 



Of new-jersey. 57 

' Two leagues (says the manuscript in the Bri- A. D. 
tish museum,) from cape Cornelius on the west ^ ? 
side of the river near its mouth, there is a certain descrip- 
crcek called the Hoereu Kill, which may well pass tionofthe 
for a middling or small river, for it is navigable a ^^^^ ^"^' 
great way upward, and its road is a fine road for ships 
of all burthens, there being none like it for safety and 
convenience in all the bay, the right channel for 
sailing up the bay passing near it. 

' A certain person who for several years together had 
been a soldier in the fort, informed us about the 
month of June, 1662, being then but lately come 
from thence, concerning the Hoern kill or Harlot's 
creek ; that along the sea shore it was not above two 
leagues from the cape, and that near the fort which 
is at the mouth of it, it is about 200 paces broad and 
navigable and very deep to about half a league 
upwards, the pilots say generally about six feet of 
water in going in, but the canoes can go about two 
leagues higher : There are two small islands in it, the 
first very small the last about half a league in circum- 
ference, both overgrown with fine grass, especially 
the latter, and are at about half a league distance asun- 
der, and the latter about a league from the channel's 
mouth : The two islands are surrounded with a muddy 
ground, in which there grows the best sort of oysters^ 
which said ground begins near the first island, ibr the 
mouth of the channel has a sandy bottom, being also 
very deep, and therefore there are no oysters there : 
Near the smaller island and higher up it is as broad 
again as at the mouth, near the said fort the channel 
for a good way runs at an equal distance from the sea^ 
having the breadth of about two hundred paces of 
high downy land lying between them, near the fort 
there is a glorious spring of fresh watei>, a small rill 
rising in the south east part of the country, and 
falling from a rising hill, runs through this downy 
land into the mouth of the Hoern kill, or Harlot's 

' creek. 



68 The HISTORY 

A. D. < creek, is for its goodness and fertility famed for 
1669. i t-j^g ygj.^ l^ggj. Qf New-Netherland.'i- 

' The name of Hoernkill or Harlot's creek, had 
' as we are informed, its rise from the liberality of the 
'■ Indians, for lavishly prostituting, especially at that 
' place, their maidens and daughters to our Nether- 
' landers : Otherwise it is by David Pietersz de Uries, 
'who about the year 1630 first endeavoured to settle 
* there, called Swanendal.' 

The above description however, in the general true 

at the time it was wrote, leaves room for a doubt, 

at least as to the origin of the name."- The probability 

lies that it arose from the creeks winding much in the 

shape of a horn ; whence the Dutch (and not the 

Swedes) first took occasion to call it the Hoernkill ; this 

is the tradition of tlie inhabitants there. Soon after 

English possession, it got the name of Lewis-Town, 

by which it is mostly called : It is situate at the mouth 

Alteration of Delaware bay.P- and is the general resort for pilots, 
in a creek . . i i • -\\t\ i 

and chan- waiting to convoy vessels up the river: Where the 

°^^* creek is described deep and sandy, is now a mowing 

marsh: The channel also by the Hoarkill, then used 

for vessels to pass, is diminished to about a hundred 

yards breadth at the mouth : The two islands, one very 

small, and the other but half a league in circumference, 

are 

n. The whole country from New-York to Pennsylvania, being 
then so called ; 'tis observable, that this author through the whole, 
gives the South river greatly the preference. 

0, C. Golden in his history of the five nations pa. 11. relates a 
custom of the sa^e kind among them, but there does not appear 
BufEcient foundation to suppose these Indians originally justly charge- 
able with such a practice, at least of the tribes generally; and the 
relation of the Swedes is not in every instance to be depended on ; 
bad as the Indians now appear, and have many of them prov'd, they 
•were formerly better ; in a case doubtful 'tis perhaps best to err on the 
charitable side. 

p. The Delaware probably got it's name from ' the lord Delaware, 
'who sailed in a ship of 250 tons, in April 1618, with 200 people 
'for Virginia, but died at sea, Priiice's N. E. Chronology, p. 54. 



Of NEW- JERSEY. 69 

.are now the first supposed to be ten, and the last thirty A. D. 
times as large as there described ; and this alteration 
in about a hundred years. 



CHAP. ly. 

King Charles the second, and duke of York's grants, 
whence lord Berkely and sir George Carteret, became 
seized of New- Jersey : The first constitution of govern- 
ment under them : The settlement of Bergen, Middle- 
tovm, Shrewsbury, and Elizabeth- Town. Philip 
Carteret appointed governor of Jersey: The Indian 
purchase of Elizabeth-Town, by the settlers ; and the 
first general Indian purchase by the proprietor, &g. 

TH E right of the crown of England to these 
provinces indisputably founded, as before 
deduced. King Charles the second, did by letters K. Char- 
patent, bearing date the twentieth day of March, errant. 
1664, for the consideration therein mentioned, grant 
unto James, duke of York, his heirs and assigns, 

* all that part of the main land of New-England, 
^ beginning at a certain place, called or known by the 
' name of St. Croix, near adjoining to New-Scotland, 

* in America ; and from thence extending along the 
' sea coast, unto a certain place called Pemaquie or 
^ Pemaquid, and so up the river thereof, to the furthest 
' head of the same, as it tendeth northward ; and ex- 
^ tending from thence to the river of Kimbequin, and 

* so upwards by the shortest course, to the river Canada 

* northwards ; and also all that island or islands, com- 
' monly called by the several name or names of Mato- 
' wacks or Long-Island, situate and being towards 

* the west of Cape-Cod, and the narrow Higansetts, a 
' butting upon the land between the two rivers, tliere 
^ called or known by the several names of Connecticut 
' and Hudson's river ; together also with the said river 

' called 



60 



The history 



A. D. 

1669. 



Duke of 
York's 
lease and 
release. 



' called Hudson's river ; and all the land from the west 
' side of Connecticut river, to the east side of Delaware 
' bay ; and also several other islands and lands in the 
' said letters patent mentioned ; together with the 
' rivers, harbours, mines, minerals, quarries, woods, 
' marshes, waters, lakes, fishings, hawking, hunting 
' and fowling, and all other royalties, profits, commo- 

* dities and heriditaments to the said several islands, 
' lands and premises, belonging or appertaining.' 

The duke of York being thus seized, did by his 
deeds of lease and release, bearing date the 2Sd, and 
24th days of June, 1664, in consideration of a 'com- 
' petent sum of money,' grant and convey unto John 
lord Berkely, baron of Stratton, one of the kings 
privy council ; and sir George Carteret, of Saltrum, 
in the county of Devon, knight, and one of the privy 
council, ? and their heirs and assigns forever ; all that 
' tract of land adjacent to New-England, and lying 
' and being to the westward of Long-Island and 
' Manhattas island ; and bounded on the east part by 
' the main sea, and part by Hudson's river ; and hath 
' upon the west, Delaware bay or river ; and extendeth 
' southward to the main ocean as far as Cape-May, 
*at the mouth of Delaware bay; and to the north- 

* ward as far as the northernmost branch of the said bay 

* or river of Delaware ; which is in 41 degrees and 
' 40 minutes of latitude, and crosseth over tlience in a. 
' straight line to Hudson's river, in 41 degrees of 
' latitude ; which said tract of land is hereafter to be called 
' Nova-Cesaria or New- Jersey ; and also all rivers, 
' mines, minerals, woods, fishings, hawkings, huntings, 
'and fowlings, and all other royalties, profits, com- 

* modities, and heriditaments whatsoever to the said 

' land* 



q. Sir George Carteret was gevernor of Jersey, and held it for 
K. Charles ii in the troubles of 1649, — expelled the house of com- 
mons, in 1669 for confused accounts, as chamberlain. Sniollet. 

Treasurer of the navy, and vice chamberlain of the king's house- 
hold. Clarendon. 



Of NEW-JERSEY. 61 

' lands and premises, belonging or in any wise appear- A. D. 
* taining, with their and every of their appurtenances ^^^^• 
' in as full and ample manner as the same is granted 
' unto the said duke of York, by the before recited 
' letters patents. 

The Lord Berkeley, and sir George Carteret, in Berkley 
r. , 1 . 1 . , and Carte- 

consequence 01 this conveyance, now sole proprietors j.g^>^ ^^.^^ 

of New-Jersey, for the better settlement thereof, constitu- 

. . . I, tions. 

agreed upon certain constitutions ot government; 

which were so well relished, that the eastern parts of 
the province were soon considerably peopled.'- 

This was the first constitution of New-Jersey, and it 
continued entire, till the province became divided in 
1676. Sir George Carteret, then the only proprietor 
of the eastern division, confirm'd and explained the 
concessions, with a few additions. The county of Bergen Bergen, 
was the first settled place, a great many dutch being 
already there, Avhen the province was surrendered, re- 
mained under the English government. A few Danes 
were probably concerned in the original settlement of 
this county, whence came Bergen, after the capital of 
Norway. The manner of originally settling is singular, 
but small lots where their dwelling houses are, and 
these contiguous in the town of Bergen : Their plan- 
tations which they occupy for a livelihood, are at 
some distance ; the reason of fixing thus, is said to be 
through fear of the numerous Indians in the early 
times of their settlement, about forty or fifty years 
before the surrender, s. It 

r. Vide. Appendix, numb. i. 

s. The date of the Dutch settlement, will be nearly ascertained, 
by the following extract. — 'As some unknown country further 
'southward, about Hudson's river was in their view (meaning the 
' Plymouth colony) when they engaged in this adventurous voyage, 
'Mr. Morton who published his memorial in 1620 tells us, he had 
' then lately sure intelligence that the Dutch intending to settle a 
colony there of their own, privately hired the master of the ship to 
contrive delays in England, then to steer them to these northern 

' coasts 



62 



The history 



A. D. 

1669. 

Indian 
purchase 
of Eliza- 
beth Town 



and 
Nicoil's 
patent. 



Freehold. 



Elizabeth, 
Newark, 
Middle- 
town and 
Shrews- 
bury. 



It was in 1664, that John Bailej, Daniel Denton, and 
Luke Watson, of Jamaica, on Long-Island, purchased 
of certain Indian chiefs, inhabitants of Staten-Island ; 
a tract or tracts of land, on part of which the 
Town of Elizabeth now stands ; and for which (on 
their petition) governor Richard Nicolls granted a 
deed or patent to John Baker of New-York, John 
Ogden, of Northampton, John Bailey, and Luke 
Watson, and their associates ; dated at fort James, 
in New- York, the second of December.'. This 
was before lord Berkely's and sir George Carteret's 
title was known; and by this means, this part of 
the province had some few very early settlements, 
whether Middletown and Shrewsbury had not Dutch 
and English inhabitants before, we are not authorized 
to say : About this time however, was a great resort of 
industrious reputable farmers ; the English inhabitants 
from the west end of Long-Island, almost generally 
removed to settle hither; and most of them fixed 
about Middletown, from whence by degrees, they 
extended their settlements to Freehold and thereabouts. 
To Shrewsbury there came many families from New- 
England: There were very soon four towns in the 
province, viz. Elizabeth, Newark, Middletown, and 
Shrewsbury ; and these with the country round, were 
in a few years plentifully inhabited, by the accession 
of the Scotch, of whom there came a great many, 
such settlers aa came from England, those of the Dutch 
that remained, and those from the neighbouring 
colonies. Lord 

* coasts, and there under pleas of shoals and winter to discourage 
' them from venturing farther. — Agreeable to this, while the English 
' Leydeners (i. e. the said Plymouth company) were preparing for 

* their voyage, as capt. Dormer returned from Virginia to New- 
' England, he met certain Hollanders, sailing for Hudson's river, 
' where they had had a trade for several years. Prince's N. E. 

* Chronol. p. 83, 84." 

t. This is what is commonly called the Elizabeth-Town grant. 



OfNEW-JERSEY. 63 

Lord Berkely and sir George Carteret having agreed A. D. 
upon their concessions, appointed Philip Carteret p_ Carte- 
governor of New-Jersey, and gave him power with retgover- 
the advice of the major part of the council, to grant 
lands to all such as by the concessions were entitled 
thereto, and tho' there is no provision in the concessions 
for bargaining with the Indians,"- Governor Carteret 
on his arrival thought it prudent to purchase their purchases 
rights : This was to be done for sums inconsiderable, of the In- 
in comparison with the damage a neglect might '^"^" 
have occasioned.^- For though the Indians about the 
English settlements, were not at this time considerable 
as to numbers, they were strong in their alliances, and 
besides of themselves could easily annoy the out 
plantations; and there having been before several 

considerable 

u. This in 1672 was supplied by particular instructions dirtoting 
that the governor and council should purchase all lands from the 
Indians and be reimbursed by the settlers, as they made their pur- 
chases. 

X. Richard Hartshorne, a considerable setler at Middletown, wlio 
came over in this year liad like to have experienced some disadvantage 
from this neglect in the patentees of that town, * The Indians says he 
'came to my house, and laid their hands on the post and frame of 
'the house and said that house was theirs, they never had any thing 
'for it, and told me if I would not buy the land, 1 must be gone. 
' But I minded it not, thinking it was Davis's land, and they 
' wanted lo get something of me ; they at last told me they would kill 
' my cattle and burn my hay. if 1 would not buy the hind nor l)egiaie; 
'then I went to the Patentees, which were James Grover, Richard 
'Stout, John Bound, and Richard Gibbons; they told me it was 
'never bought, nor had the Indians any thing for it. Nicol Is desired 
'of them and the Indians also, only to have leave lo st-t a trading 
* house, and at that time they did not intend any one should have the 
'land, but keep it for the use of the country, always giving leave 
' for any man to trade with goods and not otherwise ; but 1 told them 
'I would not live on those terms, and not only so, but it was dan- 
'gerous, for the Indians threatned to kill my cattle ; they told me no 
'man had power to buy, but the pHtentees,"and they would buy it; 
'thus it continued some months. I considered the thing as well as 
'I then was capable, and went to Gravesend and bought Williajn 
'Goulder out, and when I came back tlie Indians were at me and I 
'did. James Grover, Richard Stoui, Samuel Spicer were at Wake- 
'cake, when I bought Wake-cake and paid for it, I being then a 
'Patentee as well as the rest.' 



1669. 



64 The HISTORY 

A. D. considerable skirmishes between the Dutch and them, 
in which some blood had been spilt, their friend- 
ship on this consideration it was thought stood but 
ticklish : Upon the whole, the governor so ordered it, 
that the comers were either to purchase of the Indians 
themselves, or if the lands were before purchased, they 
were to pay their proportions : The event answered his 
expectation, for as the Indians parted with the lands 
to their own satisfaction, they became of a jealous, 
shy people, serviceable good neighbours, and though 
frequent reports of their coming to kill the white peo- 
ple, sometimes disturbed their repose, no instance occurs 
of their hurting them,!/- in those early settlements. 

In the Dutch skirmishes with the Indians, it is said 
the English from Long-Island, together with such as 
were settled among the Dutch, used to join the latter 
in frequent excursions tip the rivers to annoy or figure 
of n^e'''°° among the Indians : There is a tradition, that in one of 
Dutch at- those expeditions up a Jersey river, one of the company 
the Indi- ^^ more curiosity or boldness than the rest, went at 
a^ns. some distance in the country to discover an Indian town, 

which at last he did, by coming upon it before he was 
well aware of his situation ; there were many seated 
quietly together ; at the instant he saw them, they saw 
him, he was surprized, but quickly recollecting him- 
self, took a paper out of his pocket, and with that 
boldly went up, telling them it was proposals from the 
government at York, and read at random such things 
as came into his head ; by this stratagem he got off 
unmolested, and discovering at York what he had seen, 
told the government, if they would send a party against 
them he would be their pilot : A party was accordingly 
sent, coming upon the Indians in the night, some of 
them found means to get in to windward of their little 

town, 
jj. That is the English here spoken of. 



Of NEW-JEESEY. 65 

town and setting; fire to it, burnt the whole down ; their A. D. 
wigwams were built close together, and made of flags, 
bushes, and other light combustible matter, covered 
with the bark of trees, so that the fire burnt with vio- 
lence ; the Indians notwithstanding their surprise, took 
to their bows and arrows, and used them with dexterity 
and courage, till being overpowered, several of them 
were destroyed. 

That we may place traditional intelligence of this 
sort together, we will here venture at one more little 
occurrence of that kind ; but with this remark, that we 
pretend to no greater certainty in either, than what 
arises from the probability of facts supported by esta- 
blished credit of persons relating them, and the known 
hostilities at times subsisting between the Dutch and 
Indians in their early settlement. 

While New- York was in possession of the Dutch, 
about the time of the Indian war in New-England, a 
Dutch ship coming from Amsterdam, was stranded 
on Sandy Ilook,^. but the passengers got on shore ; 
among them was a young Dutchman who had been Case of a 
sick most of the voyage ; he was taken so bad after remarka- 
landing, that he could not travel ; and the other pas- l^'y saved 



sengers being afraid of the Indians, would not stay till Indians, 
he recovered, but made what haste they could to New- 
Amsterdam ; his wife however would not leave him, 
the rest promised to send as soon as they arrived : They 
had not been long gone, before a company of Indians 
coming down to the water side, discovered them on the 
beach, and hastening to the spot, soon killed the man, 
and cut and mangled the woman in such a manner that 
they left her for dead. She had strength enough to 
crawl up to some old logs not far distant, and getting 

into 

z. Other accounts say in Delaware, nigh Christeen, but this is 
anost likely to be true. 

E 



the 



66 The HISTORY 

A. D. into a hollow one, lived mostly in it for several days^ 
subsisting in part by eating the excrescences that grew 
from it; the Indians had left some fire on the shore, 
which she kept together for warmth : having remained in 
this manner for some time, an old Indian and a young one 
coming down to the beacU found her ; they \vere soon 
in high words, which she afterwards understood was a 
dispute; the former being for keeping her alive, the 
other for dispatching : After they had debated the point 
a while, the first hastily took her up, and tossing her upon 
his shoulder, carried her to a place near where Middle- 
town now stands, where he dressed her wounds and soon 
cured her : After some time the Dutch at New-Amster- 
dam hearing of a white woman among the Indians, 
concluded who it must be, and some of them came to 
her relief; the old man her preserver, gave her the choice 
either to go or stay ; she chose the first : A while after 
marrying to one Stout, they lived together at Middletown 
among other Dutch inhabitants ; the old Indian who 
saved her life, used frequently to visit her ; at one of 
his visits she observed him to be more pensive than com- 
mon, and setting down he gave three heavy sighs ; after 
the last she thought herself at liberty to ask him what 
was the matter? He told her he had something to tell 
her in friendship, tho' at the risk of his own life, which 
was, that the Indians were that night to kill all the 
whites, and advised her to go off for New-Amsterdam ; 
she asked him how she could get off? he told her he 
had provided a canoe at a place which he named : Being 
gone from her, she sent for her husband out of the 
field, and discovered the matter to him, who not 
believing it, she told him the old man never deceived 
Iter, and that she with her children would go ; accord- 
ingly going to the place appointed, they found the 
canoe and paddled off. When they were gone, the 
husband began to consider the thing, and sending for 

five 



Of new-jersey. 67 

five or six of his neighbours, they set upon their guard : A. D. 
About midnight they heard the dismal war-hoop ; pre- 
sently came up a company of Indians ; they first expo- 
stulated, and then told them, if they persisted in their 
bloody design, they would sell their lives very dear : 
Their arguments prevailed, the Indians desisted, and 
entered into a league of peace, which was kept with- 
out violation. From this woman, thus remarkably 
saved, with her scars visible, through a long life, is 
descended a numerous posterity of the name of Stout, 
now inhabiting New-Jersey : At that time there were 
supposed to be about fifty families of white people, 
and five hundred Indians inhabiting those parts. 

Governor Carteret did not arrive to his government 
of New-Jersey, till the ^atter end of the summer, 
1665; till which time the province was under Nicolls's 
jurisdiction: On the arrival of the former, he sum- 
moned a council, granted lands, and administered the 
government on the plan of the general concessions, 
and took up his residence at Elizabeth-Town, to 
which it is said he gave the name, after Elizabeth, 
wife of sir George Carteret: With him came 
about thirty people ; some of them servants : They 
brought goods proper for the planting a new country ; 
and the governor soon afterwards sent persons into 
New-England, and other places, to publish the propri- 
etors concessions, and to invite people to settle there; 
upon which many soon came from thence : some 
settled at Elizabeth-Town, others at Woodbridge, 
Piscattaway and Newark : The ship that brought the 
governor, having remained about six months, retur- 
ned to England, and the year after made another 
voyage. Sundry other vessels were from time to time 
sent by the proprietors with people and goods, to 
encourage the planting and peopling their lands. 
Thus the province of East-New-Jersey increased in 

settlement 



68 The HISTORY 

"tflfw' settlement, and continued to grow till the Dutch inva- 
sion in 1673, when they having got possession of the 
country, some stop was put to the English government ; 
but the treaty afterwards between king Charles the 
second, and the States general at London 1673-4, put 
all general difficulties of that kind out of dispute ; the 
sixth article whereof is in these words, * That whatever 

* country, island, town, haven, castle, or fortress, hath 
^ been, or shall be taken by either party from the other 
' since the beginning of the late unhappy war, whether 
^ in Europe or elsewhere, and before the expiration of 
^ the times above limited for hostility, shall be restored 
^ to the former owner in the same condition it shall be 

* in at the time of publishing this peace/ 

Tho' the inhabitants were at variance among them- 
selves, there was also pretty constantly a resort of settlers 
between the years 1665 and 1673, and they increased 
fast afterwards. But the Elizabeth-Town purchasers 
and others, setting up a right, differing in some respects 
from that of the proprietors, and other incidents 
fulling out, which, though some of them inconsiderable, 
and others one would think might then easily have 
been settled, yet nourished by a more vindictive spirit 
on all sides than was immediately necessary, they occa- 
sioned much disturbance."- Carteret going for England 
Berry. in the summer, 1672, left capt. John Berry his deputy. 

He returned in 1674, and found the inhabitants more 
disposed to union among themselves, and bringing 
with him the king's proclamation, and a fresh commission 
and instructions from sir George Carteret, he sum- 
moned the people, and had them all published ; which for 
a while had a good effect towards restoring proprietary 

authority 

a. It is not our business to enter particularly into these disturbances 

they went in several instances to disreputable lengths. Governor 

Andros of York, in 1680, undertook to dispute governor Carteret 
of Jersey's commission, and sending to Elizabeth-Town an armed 
force, seized and carried him prisoner to New-York. 



Of new-jersey. 69 

authority, and the publick peace : He remained gover- A. D. 

nor till his death in 1682. In his time the general 

assemblies and supreme courts sat at Elizabeth-Town, 

and the councils generally : Here the secretary's office, 

and most ocher publick offices were held ; here also 

most of the officers of the government then resided. 

In September 1671, an extraordinary council was 1671. 

held at New- York; present, Governor Lovelace, the 

mayor and secretary of New- York, major Steenwick, 

governor Philip Carteret, and captain James Carteret 

of New-Jersey : The occasion was this, William Tomm 

and Peter Alricks, had just arrived from Delaware, Particu- 

with the particulars of the Indian murders mentioned murders 

before, that two christians (Dutch men) had, as there ^7 ^^^^ I°- 

dicins, 

related, been murdered by some Indians at the island 
Matinicunk,^- on Delaware : Alricks being present 
at the council, informed them, the nation of whom 
these murderers were, consisted of about fifty or sixty 
persons, and that the mischiefs committed on Delaware 
this seven years, were said to be done by them : That 
the Indians their confederates (as it was supposed they 
would be if a war should follow) were about a thou- 
sand persons, besides women and children : That two 
of the saggamores of the nation of the murderers, 
promised their best assistance, to bring them in, or 
procure them to be knocked in the head, if counte- 
nanced 

b. The upper island situate partly between Burlington and Bristol, 
■afterwards taken up by a proprietary right, by Robert Stacy, and 
by him given to Burlington; and in 1682, confirra'd by a proprie- 
tary law, for the use of a free school forever. It is detach'd irom 
the main by a little channel occasion'd by the waters of Essiscunk 
■creek. Wlien Gookin, a former governor of Pennsylvania, waa 
about obtaining a grant of the islands in Delaware, it is said the lords 
of trade excepted thisin their report to the king and council, as having 
been already occupied ; and not on a footing with the other islands ; 
it is inconsiderable as to value compared with many of the others, 
yet long possession and some improvements, have rendered it 
useful to Burlington, 



70 The HISTORY 

A. D. nanced by the government; and that many other 
Indians he met upon the road, much disallow'd of the 
murder, and were very sorry for it, and offered their 
assistance against them. Alricks further related,, 
that it was proposed by the sachems, as the best scheme 
to set upon this nation, to cause a kintecoy to be held ; 
and that in the midst of their mirth, one should be 
hired to knock them in the head ; adding, as his own 
opinion, that the best time to fall upon them was 
about the 25th October ; because after that their usual 
manner was to go a hunting, and then they could not 
be easily found : But now the immediate danger was 
of their destroying the corn and cattle of the christians, 
and that the murders were owing to Tashiowycan, who- 
having a sister dying, expressed great grief for it, and 
said the Mannetta hath killed my sister, and I will go kilt 
the christians ; and taking another with him, they toge- 
ther executed the barbarous facts. 

This information considered, the council concluded, 
that Thomas Lewis, then bound with his sloop for 
New-Castle, should be stayed from his voyage, for 
three or four days when Alricks and Henry Courtu- 
rier, would be ready to go with him ; that in the mean 
time, general instructions should be drawn to take 
along with them : That the Governor of New- 
Jersey, and capt. James Carteret, (then present) should 
expeditiously order a general assembly to be called in 
that government, (according to their custom upon all 
emergent occasions) to know the people's strength and 
readiness; and how far they were willing to contribute 
towards the prosecution of a war against the Indians. 
That a frequent correspondence be kept between 
the two governments, and that nothing be done in 
this Indian War, without mutual advice and consent of 
both the governors ; unless upon extraordinary oppor- 
tunity, where advantage against the enemy might 
suddenly be taken, before notice could be given. 

These 



Or NEW-JERSEY. 71 

These resolutions taken, the next step was to tran- ^\P' 
«mit instructions to William Torara, (he was either 
one of the commissaries appointed by Carre, and the 
authority at New-Castle, or a kind of deputy under 
them, up Delaware) that he might forecast how a war 
might be prosecuted to the best advantage; and it 
requiring time to get things in order, all the frontier 
scattering plantations, were immediately to thresh out 
or remove their corn, and dispose their cattle, so as to 
receive the less damage by the effects of the war: 
Next he was to order, that none on pain of death, 
should presume to sell any powder, shot, or strong 
waters to the Indians ; and that in the mean time, the 
inhabitants were to carry (if such a thing was practi- 
■cable) a seeming complacency with the nation of whom 
were the murderers, either by treaty or traffick, to 
jjrevent suspicion of the designs on foot ; but withall 
it was directed, that if they would either deliver up 
the murderers, or their heads ; the English were at 
liberty to assure them of no disturbance. Lovelace 
also wrote to Carre upon this occasion, to be vigilant 
in making preparations for the war ; and as directions 
<!0uld not be punctual, the whole was left to his pru- 
dent management, with advice of his commissaries. 
The next council held upon this occasion, was in 
November, at Elizabeth-Town; present, the gover- 
nors Lovelace and Carteret, and divers others. Here 
the season was thought too far advanced, to begin the 
war; but the magistrates were authorized to treat 
with the neighbouring Sasquehana Indians, or others, 
i:o join together against the murderers, and such a8 
harboured them; and to promise a reward as they 
should think fit ; provided caution was used so as to 
create no sudden jealousy; But this proved unneces- 
sary ; the Indians uneasy about the murder, were not 
averse to a full revenge, as the event proved. In 
December, a parcel of them meeting at Rambo's, 

sent 



72 



The history 



A. D. 

1672. 



An Indian 

shot. 



New- 
Amstell 
incorpo- 
rated. 



Distur- 
bance at 
the Hoar- 
kill. 



sent for Totnm and others, and promised within six 
days to bring in the murderers, dead or alive : Accord- 
ingly two Indians sent by the sachems, to take them, 
coming to Tashowycan's wig-wam in the night; one 
of them his particular friejid ; him he asked if he 
intended to kill him ; he answered rw>, but the saohems 
have ordered you to die : He demanded what his brothers 
said ; being told they also said he must die, he then 
holding his hands before his eyes, said Idll me: Upon 
this the other Indian, not his intimate, shot him in 
the breast : They took his body to Wickaco, and after- 
wards hung it in chains at New-Castle : The English 
gave the sachems for this, five matchcoats. The other 
murderer hearing the shot, ran naked into the woods, 
and what came of him after, appears not. The Indians 
upon this death, summoned many of their young men, 
and before the English, told them, that now they saw 
a beginning of punishment, and all that did the like- 
should be so served. Thus ended an aifair, which 
while these Indians were a formidable body, looked 
discouraging. 

The town of New-Castle, in the spring, 1672, was 
by the government at York, made a corporation, to 
be governed by a bailiff and six assistants ; after the 
first year the four old to go out, and four others to 
be chosen : The bailiff was president, with a double 
vote ; the constable chosen by the bench ; they had. 
power to try causes as far as ten pounds, without 
appeal : The English laws were established in the town, 
and among the inhabitants on both sides Delaware : 
The office of Schout was converted into a sheriff, for the 
corporation and river, annually chosen ; and they were 
to have free trade without being obliged to make entry 
at New- York, as heretofore had been the practice. 

About this time happened a considerable disturbance- 
at the Hoarkills : A party from Maryland, headed by 

one 



Of NEW- JERSEY. 73 

one Jones, made an incursion, and bindino; the ma- A. D, 
gistrates, and other inhabitants, carried off what 
plunder they could ; being joined by Daniel Brown, 
a planter at the Hoarkills ; he was sent to New- York, 
took his tryal and was convicted ; but on promises of 
amendment, and a small security for future good 
behaviour dismissed. With respect to the Marylanders, 
Lovelace's letter to that governor, shows him to have 
had some spirit, tho' his character in general was 
rather that of an upright, but timid governor and good 
natured man : It is dated the 12th of August, 1672. 
To Philip Calvert, Esq ; governor of Maryland. 
Sir, 
' I thought it had been impossible now in ^these por- 
tendino; boisterous times, wherein all true hearted Governor 
Englishmen, are buckling on their armour to vindi- i-ioveiacea 
cate their honours, and to assert the imperial interest to the 
of his sacred majesty's rights and dominions ; that governor 
now without any just grounds, either given or pre- of Mary- 
tended, such horrid outrages should be committed '^" ' 
on his majesty's liege subjects, under the protection 
of his royal highness's authority, as was exercised 
by one Jones, who with a party as dissolute as himself, 
took the pains to ride to the Hoarkills, where 
in derision and contempt of the duke's authority, 
bound the magistrates and inhabitants, dispitefuUy 
treated them, rifled and plundered them of their 
goods ; and when it was demanded by what authority 
he acted, answered in no other language but a cock'd 
pistol to his breast; which if it had spoke had for- 
ever silenced him. I do not remember I have heard 
of a greater outrage and riot committed on his 
majesty's subjects in America, but once before in 
Maryland : You cannot but imagine his royal high- 
ness will not be satisfied with these violent proceed- 
ings, in which the indignity rebounds on him : 
•neither can you but believe it is as easy an under- 
taking, for me to retaliate the same affront on Jones's 

head, 



74 



The history 



A. D. 

1672. 



Governor 
Lovelace 
to Carre. 



' head, and accomplices, as he did on those indefen- 
' cible inhabitants : But I rather chuse to have first a 
' more calm redress from you ; to whom I now appeal, 
' and from whom may in justice expect that right in 

* the castigation of Jones cum socies, that your 

* nature and the law has provided for ; otherwise I 
' must apply myself to such other remedies as the 
' exigence of this indignity shall persuade me to : 
' Thus leaving it to your consideration, I shall remain 
' your very humble servant, 

Fr. Lovelace.' 

Governor Lovelace also wrote to capt. Carre upon 
this occasion. 
Sir, 

' The letters you sent by the express over land came 
safe to my hands, with the inclosed relation and 
papers concerning the Hoarkill, and the Marylanders 
forcibly possessing themselves of the place, as also 
of the goods and estates of some of the inhabi- 
tants, of which we had some rumours before, but 
did not give much credit to it ; supposing what 
was done before, to be the rash action of some private 
person ; not thinking the authority of Maryland 
would invade his I'oyal highness's territories, which he 
hath been possess'd of for near eight years, without 
giving the least overture of it to me, who am his 
royal highness's deputy ; Their former violent action 
and force, upon those poor unarm'd people, together 
with the particulars of their plunders, I had immediate 
opportunity of transmitting to his royal highness by a 
ship then bound away for London, the which I made 
use of, and recommended their case; and I hope it 
hath long e'er this arrived to his hands ; so that some 
directions about it may be expected in a short time; 
till when I think it best for the present to leave matters 
there as they are ; but as to the cloud which likewise 
hangs over your heads at Delaware, which it is said 
they are making preparations to invade ; my instruc- 
tions and orders to you, and the officers in general, 
are, that you put yourselves in the best posture of 

defence 



Of new-jersey. 75 

defence possibly you can, by fitting up the fort in the A. D. 
town, keeping your companies in arms, both there ^QT^- 
and up the river ; who are to provide themselves with 
fitting ammunition ; and that all soldiers be at an hour's 
warning upon any alarm or order given ; and that at 
the town especially, you make your guards as strong 
as you can, and keep a strict watch ; and if any enemy 
comes to demand the place, that you first desire to 
know their authority and commission, and how it 
comes to pass those of Maryland should now make 
such an invasion, after so long quiet possession of those 
parts by his royal highness's deputies, under his maje- 
sty's obedience, and by other nations before that, 
several years before the date of the lord Baltimore's 
patent, whom they never disturbed by arms, and 
whose right is now devolved upon the duke. Stand 
well upon your guard, and do not begin with them, 
but if they first break the peace by firing upon your 
guards, or any such hostile action, then use all possi- 
ble means to defend yourselves and the place, and 
command all his majesty's good subjects to be aiding 
and assisting to you; who I hope will not be wanting 
to their abilities: In all matters of concern, you 
are to take advice of the chief officers there. 

'This will come to you by your bailiff, Mr. Peter 
Alricks, who is hastening over land, to secure his 
affairs there, in this portending invasion, and to give 
his best help for the safeguard of the place, and his 
royal highness's interest upon all occasions: Fail not 
to send an express to me, by whom I shall give you such 
further directions and assistance as will be requisite ; 
and if occasion should be, will come over myself in 
person ; though the spring would be more suitable for 
me than a winter voyage ; so recommending all things 
to your care and vigilance, of which I expect a good 
account : I conclude, being your very loving friend, 



Fort James, in New- York, \ j, • Lovelace ' 
' this 7th October, 1672. / ^ ^^""^"^ i^ovelace. 



The 



76 



The history 



A. D. 
1672. 

New- 
Castle, &c. 
plundered 
by priva- 
teers. 



Wampum. 



1673. 



1674. 



Sir George 
Carteret's 
instructi- 
ons. 



The inhabitants at New-Castle and the Hoarkills- 
also suffered considerable losses, by Dutch privateers 
plundering their effects. For reparation, they were 
permitted by the government to lay an imposition, and 
power given to the magistrates, to levy and receive 
upon each anchor of strong liquors spent or disposed of 
among them, the value of four guilders in wampum,c- 
but this to continue for one year only, as a tryal of its 
utility. 

Wampum was the chief currency of the country ; 
Great quantities had been formerly brought in, but 
the Indians had carried so much away, it was now 
grown scarce ; and this was thought to be owing to its low 
value. To increase it, the governor and council at York 
issued a proclamation in 1673, that instead of eight 
white and four black, six white and three black wam- 
pums should pass in equal value as a stiver or penny ; 
and three times so much the value in silver. This pro- 
clamation was published at Albany, Eusopus, Dela- 
ware, Long-Island, and parts adjacent. 

Mention was made that sir George Carteret by his 
instructions to governor Carteret, confirmed the original 
concessions with additions and explanations : These bore 
date the 13th of July 1674: Among other things they 
direct, that the governor and council should allow eighty 
acres per head, to settlers above ten miles from the sea^ 
the Delaware, or other river, navigable with boats; 

and 



c. Eight white wampum or four black, passed at this time as a 
stiver, twenty stivers made what they called a guilder, which was 
about six pence present currency. The white wampum was worked 
out of the inside of the great conques into the form of a bead, and 
perforated to string on leather. The black or purple was worked 
out of the inside of the mussell or clam-shell, they were sometimes 
wove as broad as ones hand, and about two feet long; these tlie 
Indians call belts, and commonly give and receive at treaties, as 
seals of their friendship : For lesser matters a single string is given. 
Every bead is of a known value, and a belt of a less number is made 
to equal one of a greater, by so many as is wanting fastened to the 
belt by a string. 



Of new-jersey. 77 

and to those that settled nearer, sixty acres : That the land A , D. 
should be purchased from the Indians, as occasion 
required, by the governor and council, in the name of 
the proprietors, who were to be repaid by the settlers 
with charges :f^- That all strays of beasts at land, and 
wrecks at sea, should belong to the proprietor ; and that 
all persons discovering any such thing, should have 
satisfaction for their pains and care, as the governor and 
council might think fit. 



CHAP. V. 

Major Andros appointed governor at New- Yoi^h : Takes 
possession at Delaware : Arrival of the first English 
settlers to West- Jersey, under the duke of York^s title : 
Lord Berkely assigns his moiety of New-Jersey to Byl- 
linge, and he in trust to others : Their letter and first 
commission: New-Jersey divided into the provinces, 
JJast and West- Jersey ; and the declaration of the West- 
Jersey proprietors. 

ABOUT the month of October 1674, major Ed- 1674. 
mund Andros^- arrived governor, under the duke 
of York ; he soon after authorized captain Cantwell Major 
and William Tomm, to take possession of the fort and Andros. 
stores at New-Castle, for the king's use, pursuant to 
the late treaty of peace, and to take such other measures 
for their settlement and repose at New-Castle, the Hoar- 
kills, and other parts of Delaware, as they thought 
best; requiring them to comport themselves towards 

the 

d. A paragraph of this fort, is also inserted in one of the 
letters of instruction from lord Berkely and sir George Carteret, 
in conjunction, in 1672. 

e. He was afterwards knighted ; he bore the unfavourable cha- 
racter of an arbitrary governor, who made the will of his despotic 
master (James ii.) and not the law, the chief rule of his conduct. 



78 



The history 



A. D. 

1674. 
Proclama- 
tion. 



the neighbouring colonies in an amicable manner. 
This done, he published a proclamation in the words 
following : 

' Whereas it hath pleased his majesty and his royal 
' highness, to send me with authority, to receive this 

* place and government from the Dutch, and to con- 
' tinue in the command thereof under his royal high- 

* ness, who hath not only taken care for our future 

* safety and defence, but also given me his commands 

* for securing the rights and properties of the inhabi- 

* tants, and tliat I should endeavour by all fitting 

* means, the good and wellfare of this province, and 
' dependencies under his government ; that I may not 
' be wanting in any thing that may conduce thereunto, 
' and for the saving of the trouble and charge hither, 
' for the satisfying themselves in such doubts as might 
' arise concerning their rights and properties upon the 
' change of government, and wholly to settle the minds 
'of all in general, I have thought fit to publish and 
' declare, that all former grants, privileges or conces- 
'sions heretofore granted, and ail estates legally posses- 

* sed by any under his royal highness, before the late 

* Dutch government, (as also all legal judicial proceed- 

* ings during that government, to my arrival in these 

* parts) are hereby confirm'd, and the possessor by 

* virtue thereof, to remain in quiet possession of their 

* rights : It is hereby further declared, that the known 
' book of laws formerly established and in force under 
' his royal highness's government, is now again con- 
' firmed by his royal highness ; the which are to be 

* observed and practised, together with the manner and 
■^ time of holding courts therein mentioned as hereto- 
' fore ; and all magistrates and civil officers belonging 

* thereunto, to be chosen and established accordingly. 
' Given under my hand in New- York, this 9th day of 
^ November, in the twenty-sixth year of his majesty's 

* reign, annoque domini 1674.' 

Andros being now seated in his government, we 
fihall leave him, and take a view of other matters: 

First 



Of new-jersey. 7& 

First respecting the arrival of a few passengers from A.^p. 
England to West- Jersey : One moiety or half part of 
the province of New-Jersey, belonged to the lord Ber- First arri- 
keley, and now about was sold to John Fenwick, in jgi-g^^ ^^* 
trust for Edward Byllinge and his assigns. Fenwick 
in 1675, set sail to visit the new purchase in a ship from 
London, called the Griffith ; arriving after a good 
passage, he landed at a pleasant rich spot, situate near 
Delaware, by hira called Salem, probably from the 
peaceable aspect it then bore. He brought with him 
two daughters, and many servants, two of which^ 
Samuel Hedge and John Adams, afterwards married 
his daughters ; other passengers were, Edward Champ- 
ness, Edward Wade, Samuel Wade, John Smith and 
wife, Samuel Nichols, Richard Guy, Richard Noble^ 
Ricliard Hancock, John Pledger, Hipolite Lufever, 
and John Matlock ; these, and others with them, were 
masters of families. This was the first English ship 
that came to West-Jersey, and none followed for 
near two years, owing probably to a difference between 
Fenwick and Byllinge. 

But this difference being settled to the satisfaction of 
both parties, by the good offices of William Penn, 
Byllinge agreed to present his interest in the province of 
New-Jersey, to his creditors, as all that he had left, 
towards their satisfaction, and desir'd Penn to join 
Gawen Lawrie and Nicholas Lucas (two of his creditors) 
and they together to be trustees : Penn at first unwilling, 
was by the importunity of some of the creditors, pre- 
vailed on ; and with the others accepting the charge, 
they became trustees for one moiety or half part of the 
province ; which tho' yet undivided, necessity pressing, 
they soon sold a considerable number of shares of their 
propriety to different purchasers, who thereupon became 
proprietors (according to their different shares) in 
common with them ; and it being necessary that some 

scheme 



80 The HISTORY 

A. D. scheme should be fallen upon, as well for the better 
distribution of rights to land, as to promote the settle- 
Western ment, and ascertain a form of government; con- 

concessions 

cessions were drawn, mutually agreed on, and signed 
by some of the subscribers,e. (for they did not all sign 
at once.) It was next the business of the proprietors, 
who held immediately under lord Berkely, to procure 
a division of the province, which after some time was 
effected ; and then as an expedient for the present 
well ordering matters, they wrote the following letter o 

London, 26th of 
1G76. Kichard Hartshorne. the 6th month, 1676. 

' We have made use of thy name in a commission 
' and instructions, which we have sent by James Wasse, 
' who is gone in Samuel Groome's ship for Maryland ; 

* a copy of which is here inclosed, and also a copy of a 

* letter we have sent to John Fen wick, to be read to 

* him in presence of as many of the people that went 

* with him as may be ; and because we both expect, 

* and also entreat, and desire thy assistance in the same 

* we will a little shew things to thee, that thou may 

* inform not only thyself, but friends there; which in 
' short is as follows. 

' 1st. We have divided with George Carteret, and 
^ have sealed deeds of partition, each to the other ; and 

* we have all that side on Delaware river from one end 
' to the other ; the line of partition is from the east side 

* of little Egg Harbour, straight North, through the 

* country, to the utmost branch of Delaware river ; with 
^ all powers, privileges, and immunities whatsoever : 

* ours is called New West- Jersey, his is called New 

* East- Jersey. 

' 2d. We have made concessions by ourselves, being 

* such as friends here and there (we question not) will 

* approve of, having sent a copy of them by James 

* Wasse ; there we lay a foundation for after ages to 

* understand their liberty as men and christians, that they 

*may 

«. Appendix numb. iL 



Of new-jersey. 81 

^ may not be brought in bondage, but by their own A. T). 
' consent ; for we put the power in the people, that 

* is to say, they to meet and choose one honest man 
' for each propriety, who hath subscribed to the conces- 

* sions ; all these men to meet as an assembly there, to 
' make and repeal laws, to choose a governor, or a com- 
' missioner, and twelve assistant^, to execute the laws 
' during their pleasure ; so every man is capable to 
' choose or be chosen : No man to be arrested, con- 
' demned, imprisoned, or molested in his estate or 

* liberty, but by twelve men of the neighbourhood : 
' No man to lie in prison for debt, but that his estate 
' satisfy as far as it will go, and be set at liberty to 
' work : No person to be called in question or molested 

* for his conscience, or for worshipping according to 
' his conscience ; with many more things mentioned 
' in the said concessions. 

' 3. We have sent over by James Wasse, a com- 
■* mission under our hands and seals, wherein we im- 

* power thyself, James Wasse and Richard Guy, or 
■' any two of you, to act and do according to the in- 

* structions, of which here is a copy ; having also sent 

* some goods, to buy and purchase some land of the 

* natives. 

' 4. We intend in the spring to send over some more 
■' commissioners, with the friends and people that 
^ cometh there, because James Wasse is to return in 

* Samuel Groom's ship for England : for Richard Guy, 

* we judge him to be an honest man, yet we are afraid 
' that John Fenwick will hurt him, and get him to 

* condescend to things that may not be for the good 
'* of the whole ; so we hope thou wilt ballance him to 
^ what is just and fair; that John Fenwick betray him 
' not, that things may go on easy without hurt or jar ; 
■' which is the desire of all friends; and we hope West 
^ Jersey will be soon planted ; it being in the minds of 

* many friends to prepare for their going against the 
•* spring. 

F 5. Having 



82 



The history 



' 5. Having thus far given thee a sketch of things, 
we come now to desire thy assistance, and the assistance 
of other friends in your parts ; and we hope it will 
be at length an advantage to you there, both upoa 
truth's account, and other ways; and in regard many 
families more may come over in the spring to Delaware 
side, to settle and plant, and will be assigned by us to 
take possession of their particular lots ; we do entreat 
and desire, that thou, knowing the country, and how 
to deal with the natives ; we say, that thee, and some 
other friends, would go over to Delaware side, as soon 
as this comes to your hands, or as soon as you can 
conveniently ; and James Wasse is to come to a place 
called New-Castle, on the other side of Delaware 
river, to stay for thee, and iny that will go with 
him ; and you all to advise together, and find out a 
fit place to take up for a town, and agree with the 
natives for a tract of land ; and then let it be surveyed 
and divided in one hundred parts ; for that is the 
method we have agreed to take, and we cannot alter 
it ; and if you set men to work to clear some of the 
ground, we would be at the charges; and we do 
intend to satisfy thee for any charge thou art at, and 
for thy pains : This we would not have neglected ; for 
we know, and you that are there know, that if the 
land be not taken up before the spring, that many 
people come over there, the natives will insist on high 
demands, and so we shall suffer by buying at dear 
rates, and our friends that cometh over, be at great 
trouble and charges until a place be bought and 
divided ; for we do not like the tract of land John 
Fenwick hath bought, so as to make it our first settle- 
ment ; but we wOuld have thee and friends there, to 
provide and take up a place on some creek or river, 
that may lie nearer you, and such a place as you 
may like ; for may be it may come in your minds to 
come over to our side, when you see the hand of the 
Lord with us ; and so we can say no more, but leave 
the thing with you, believing that friends there will 
have a regard to friends settling, that it may be done 

*ijQ 



Of NEW-JERSEY. 83 

* in that way and method, that may be for the good of A. D. 

* the whole ; rest thy friends, ^^'^^' 

Gawen Laurie, 
William PeNn, 
Nicholas Lucas, 
E. Byllinge, 
John Edridge, 
Edmond Warner. 

'London, the 18th of 6th month called August, 1676. 

' We whose names are hereunder subscribed, do Proprie- 
give full power, commission and authority, unto |,°^^ ^j^'^^ 
James Wasse, Richard Hartshorne and Richard Guy, to James 
or any two of them, to act and do for us according Wasse and 
to the following instructions; and we do engage to ir^'^'j^'^ 
ratify and confirm whatsoever they shall do in prose- hJrne, &c. 
cution of the same. 

' 1. We desire you to get a meeting with John Fen- 
wick, and the people that went with him, (but we 
would not have you tell your business,) until you get 
them together ; then show and read the deed of parti- 
tion with George- Carteret ; also the transactions be- 
tween William Penn, Nicholas Lucas, Gawen Lawrie, 
John Edridge and Edmond Warner, and then read 
our letter to John Fenwick and the rest, and shew 
John Fenwick he hath no power to sell any land there, 
without the consent of John Edridge and Edmond 
Warner. 

* 2. Know of John Fenwick, if he will be willing 
peaceably to let the land he hath taken up of the 
natives be divided into one hundred parts, according 
to our and his agreement in England, casting lots for 
the same, we being willing that those who being 
settled and have cultivated ground now with him, shall 
enjoy the same, without being turned out, although 
they fall into our lots : Always provided, that we be 
reimbursed the like value and quantity in goodness out 
of John Fenwick's lots : And we are also content to 
pay our ninetieth parts of what is paid to the natives 
for the same, and for what James Wasse hath pur- 

' chased 



84 



The history 



A. D. 
1676. 



' chased of John Fenwick, and he setting out the same 
' unto him, not being in a place to be allotted for a 

* town upon a river, but at a distance, and the said 
' John Fenwick allowing us the like value in goodness 

* in some other of his lots ; we are willing he shall 
' possess the same from any claiming by or under us ; 

* and for the town lots we are willing he enjoy the same 
' as freely as any purchaser buying of us. 

' 3. Take informations from some that knows the 

* soundings of the river and creeks, and that is ac- 
^ quainted in the country, and when James Wasse is in 
^ Maryland, he may enquire for one Augustin, who as 

* we hear did found most part of Delaware river and 

* the creeks : He is an able surveyor ; see to agree with 

* him to go with you up the river as far as over against 

* New-Castle, or further if you can, so far as a vessel 
' of a hundred tun can go ; for we intend to have a way 
' cut cross the country to Sandy-Hook ; so the further 
' up the way, the shorter : and there, upon some creek or 
' bay, in some healthy ground, find out a place fit to 

* make a settlement for a town ; and then go to the In- 
' dians, and agree with them for a tract of land about 
^ the said place, of twenty or thirty miles long, more or 
' less, as you see meet, and as broad as you see meet. 

* If it be to the middle, we care not ; only enquire if 

* George Carteret, have not purchased some there 

* already, that so you may not buy it over again. 

' 4. Then lay out four or five thousand acres for a 
' town ; and if Agustin will undertake to do it reason- 
^ ably, let him do it ; for he is the fittest man ; and if he 

* think he cannot survey so much, being in the winter 

* time, then let him lay out the less for a town at present, 

* if it be but two thousand acres, and let him divide it in 

* a hundred parts ; and when it is done, let John Fen- 
' wick, if he please, be there ; however, let him have 
' notice : But however, let some of you be there, to see 
' the lots cast fairly by one person that is not concerned , 
^ The lots are from number one to a hundred, and put 

* the same numbers of the lots on the partition trees for 
"* distinction. 

'6. If 



Of new-jersey. 85 

' 5. If John Fenwick, and those concerned with him, A. D. 
■^ be willing to join with you in those things as above, •^^^*^- 
■^ which is just and fair, then he or any of them, may 

* go along with you in your business ; and let them pay 
' their proportion of what is paid to the natives, with 

* other charges : And so he and they may dispose of 
' their lots with consent of John Edridge and Edmund 
'Warner; which lots are, 20, 21, 26, 27, 36, 47, 

* 50, 57, 63, 72. 

' 6. If John Fenwick and his people, refuse to let 
' the land they have taken up of the natives be divided, 

* and refuse to join with you ; you may let the country 

* know in what capacity John Fenwick stands, that he 

* hath no power over the persons or estates of any man 
' or woman more than any other person. 

' 7. What land you take of the natives, let it be 
^ taken, viz. ninety parts for the use of William Penn, 
Gawen Lawrie and Nicholas Lucas, and ten parts 
for John Edridge and Edmond Warner. 

' 8. After you have taken the land as above, and 
divided for a town or settlement, and cast lots for the 
same as above ; then if any have a mind to buy one 
or more proprieties, sell them at two hundred pound 
specie ; they taking their lots as theirs do ; paying to 
you in hand the value of fifty pounds in part of 
a propriety, and the rest on sealing their conveyance 
in London ; and so they may presently settle. When 
any of the lots fall to us, that is to say, he that buy- 
eth a propriety may settle on any one lot of ninety 
parts ; which said persons that buys, and what lots falls 
to thein, there they may settle, and acquaint us what 
numbers they are; and if any will take land to 
them and their heirs forever, for every acre taken up 
in a place laid out for a town, according to the con- 
cessions, they are not to have above what shall fall by 
lot to a propriety in a town. 

' 9. What charges James Wasse is at, by taking 

up the land of the natives, we do oblige to pay the 

same unto him again, with what profits is usual there 

' upon English goods ; and he may pitch upon two lots, 

' one 



86 



The history 



one in each town ; if they be taken up before he 
comes away, to his own proper use, for his trouble 
and pains : And we do also engage to allow and pay 
what charges any of our commissioners shall disburse 
in executing these our instructions, to them or their 
assigns. 

* 10. Let us be advised by the first ship that cometh 
for England, of all proceedings hereupon, and write 
to the friends at Sandy-Hook, letting them know 
how things are, and that we have divided with George 
Carteret, and that our division is all along on Dela- 
ware river ; and that we have made concessions by our 
selves, which we hope will satisfy friends there. If 
John Fenwick, or any of the people with him, desire 
a copy of the deed of partition, let them have it. 

* 11. We desire that our original deed may be kept in 
your own custody, that it may be ready to shew unto 
the rest of the commissioners, which we intend tO' 
send over in the spring, with full power for settling 
things, and to lay out land, and dispose upon it, and 
for the settling some method of government according 
to the concessions. 

'12. If you cannot get Augustin to go with you^ 
or that he be unreasonable in his demands ; then send 
a man to Thomas Bushroods, at Essex lodge, in York 
river, for William Elliot, who writes to Gawin Lawrie 
this year, and offered himself to be surveyor, and tell 
him you had orders from said La^Tie to send for him, 
and take him with you. He will be willing to be 
there all winter, and will survey and do other things. 
He had a good character in Virginia, but was not 
able to keep it ; he is a fair conditioned sober man : 
Let him stay there all winter, and order him some- 
thing to live upon. 

' 13. If the said Elliot go with you, give him direc- 
tions what to do. If you cannot stay till a place for a 
town be surveyed, yet we think you may stay until 
you have not only pitched upon a place for a town, 
but also upon a place for a second town and settlement, 
and have marked out the place round about there, and 

*let 



Of new-jersey. 87 

*■ let William Elliot divide both, which no doubt but A. D. 
*• he may do before the spring, that we send over more '^^l^- 
' commissioners and people ; and if John Fenwick be 
' willing to go on jointly with you there, his surveyor 

* may go along and help ours, and the charges shall be 
' brought in for both proportionably on all. Mind this, 
' and speak to Richard Guy, or Richard Hartshorne, 
' and leave orders with them to let William Elliot have 
' provisions for himself till spring, and we shall order 
' them satisfaction for the same ; and if there be no 

* house near the place you take up for the surveyors to 
' lodge in, then let there be a cottage built for them 
' on the place, and we will allow the charges. 

' 14. And whereas there is tackling there already, 

* for fitting of a sloop, as we judge, in the custody of 
^ Richard Guy : We also give you power if you see 

* meet, and that it be of necessary use and advantage 
' for the whole concern, you may order these ship-car- 
^ penters to build a sloop suitable for these materials, 
^ and appoint them some provision for their food, and 
^ for the rest of their wages they shall either have it in 

* a part of the sloop, or be otherwise satisfied in the 
^ spring of the year ; the said sloop to be ordered and 
■^ disposed upon by you until more commissioners come 
^ over with further instructions. 

' 15. For the goods we have sent over with James 

* Wasse are to disposed upon for purchasing land from 

* the natives or otherwise as need is, giving us account 
^ thereof. 

Nicholas Lucas, William Penn, 
Edmond Warner. Gawin Lawrie, 
E. Byllinge, 

The instrument for dividing the province being 
agreed on by sir George Carteret on the one part, and 
the said E. Byllinge, William Penn, Gawen Lawrie, 
and Nicholas Lucas on the other, they together signed 
a Quintipartite deed, dated the first day of July, 1676./- 

The 

/. Vid. Grants, concessions, &c. publish'd by A. Learning and 
J". Spicer. p. 61, &c. 



88 



The history 



A.D. 
1676. 



Epistle. 



The line of division being thus far settled, each took 
their own measures for further peopling and improving^ 
their diiferent shares. Sir George Carteret had greatly 
the advantage respecting improvements, his part being 
(as we have seen) already considerably peopled : The- 
western proprietors, soon published a description of 
their moiety ; on which many removed thither : But 
lest any should not sufficiently weigh the importance 
of this undertaking, and for other reasons, the three 
principal proprietors published the following cauti- 
onary epistle. 

Dear friends and brethren, 
' In the pure love and precious fellowship of our 

* Lord Jesus Christ, we very dearly salute you : Foras- 
' much as there was a paper printed several months 
'since, entitled. The description of New- West- Jersey^ 
' in the which our names were mentioned as trustees 

* for one undivided moiety of the said province : And 
' because it is alledged that some, partly on this account,. 
' and others apprehending, that the paper by the man- 
' ner, of its expression came from the body of friends, 
' as a religious society of people, and not t'rom parti- 
' culars, have through these mistakes, weakly concluded 
' that the said description in matter and form might be 

* writ, printed and recommended on purpose to promp 
' and allure people, to dis-settle and transplant them- 

* selves, as it's also by some alledged : And because 
' that we are informed, that several have on that 
' account, taken encouragement and resolution to trans- 
' plant themselves and families to the said province ; 
' and lest any of them (as i$ feared by some) should. 

* go out of a curious and unsettled mind, and others 

* to shun the testimony of the blessed cross of Jesus, 
'of which several weighty friends have a godly jealousy 
' upon their spirit* ; lest an unwarrantable forwardness^ 
' should act or hurry any beside or beyond the wisdom, 
' and counsel of the lord, or the freedom of his light 
' and spirit in their own hearts, and not upon good and 
' weighty groiinds : It truly laid hard. upon, us, to let 

'ixiends 



Of new-jersey. 89 

friends know how the matter stands ; which we shall A. D. 
endeavour to do with all jclearness and fidelity. 1676, 

' 1. That there is such a province as New- Jersey, is 
certain. 

' 2. That it is reputed of those who have lived and 
have travelled in that country, to be wholesome of 
air and fruitful of soil, and capable of sea trade, is 
also certain ; and it is not right in any to despise or 
dispraise it, or disswade those that find freedom from 
the Lord, and necessity put them on going. 

' 3. That the duke of York sold it to those called 
lord Berkeley, baron of Stratton, and sir George Car- 
teret, equally to be divided between them, is also 
certain. 

' 4. One moiety or half part of the said province, being 
the right of the said lord Berkeley, was sold by him to 
John Fenwick, in trust for Edward Byllinge, and 
his assigns. 

' 5. Forasmuch as E. B. (after William Penn had 
ended the difference between the said Edward Byl- 
linge and John Fenwick) was willing to present his 
interest in the said province to his creditors, as all that 
he had left him, towards their satisfaction, he desired 
William Penn (though every way unconcerned) and 
Gawen Lawrie, and Nicholas Lucas, two of his 
creditors, to be trustees for performance of the same ; 
and because several of his creditors, particularly and 
very importunately, pressed William Penn to accept 
of the trust for their sakes and security ; we did all of 
us comply with those and the like requests, and accepted 
of the trust. 

' 6. Uj)on this we became trustees for one moiety of 
the said province, yet undivided : And after no little 
labour, trouble and cost, a division was obtained 
between the said sir George Carteret and us, as tru- 
stees : The country is situated and bounded as is 
expressed in tlie printed description. 

' 7. This now divided moiety is to be cast into one 
hundred parts, lots, or proprieties ; ten of which 
upon the agreement made betwixt E. Byllinge and J. 

' Fenwick^ 



90 The HISTORY 

A. D. ' Fenwick, were settled and conveyed unto J. Fenwick, 

1676. < jj-g executors and assigns, with a considerable sum of 

' money, by way of satisfaction for what he became 

* concerned in the purchase from the said lord Berkely, 
' and by him afterwards conveyed to John Edridge 

* and Edmond Warner, their heirs and assigns. 

' 8. The ninety parts remaining are exposed to sale, 
' on the belialf of the creditors of the said E. B. And 

* forasmuch as several friends are concerned as creditors, 
' as well as others, and the disposal of so great a part 
' of this country being in our hands ; we did in real 

* tenderness and regard to friends, and especially to the 

* poor and necessitous, make friends the first offer ; 

* that if any of them, though particularly those that 
' being low in the world, and under trials about a 
' comfortable livelihood for themselves and families, 

* should be desirous of dealing for any part or parcel 
^ thereof, that they might have the refusal. 

' 9. This was the real and honest intent of our hearts, 

* and not to prompt or allure any out of their places, 

* either by the credit our names might have with our 

* people throughout the nation, or by representing the 

* thing otherwise than it is in itself. 

* As for the printed paper sometime since set forth by 

* the creditors, as a description of that province ; we 
' say as to two passages in it, they are not so clearly and 

* safely worded as ought to have been ; particularly, in 

* seeming to limit the winter season to so short a time ; 

* when on further information, we hear it is sometime 

* longer and sometime shorter than therein expressed ; 
*and the last clause relating to libeicy of conscience, 

* we would not have any to think, that it is promised or 
'intended to maintain the liberty of the exercise of 
'religion by force and arms; though we shall never 

* consent to any the least violence on conscience ; yet it 

* was never designed to encourage any to expect by 
'force of arms to have liberty of conscience fenced 
' against invaders thereof. 

'10. 



Of NEW-JERSEY. 91 

' 10. And be it known unto you all, in the name and A. D. 

* fear of Almighty God, his glory and honour, power ' 
^ and wisdom, truth and Jtingdom, is dearer to us than 

* all visible things ; and as our eye has been single, and 
^ our heart sincere to the living God, in this as in other 
^ things ; so we desire all whom it may concern, that 
^ all groundless jealousies may be judged down and 
^ watched against, and that all extremes may be avoided 

* on all hands by the power of the Lord ; that nothing 

* which hurts or grieves the holy life of truth in any that 
^ goes or stays, may be adhered to ; nor any provo- 

* cations given to break precious unity. 

' This am I, "William Penn, moved of the Lord, 
' to write unto you, lest any bring a temptation 
' upon themselves or others ; and in offending the 
' Lord, slay their own peace : Blessed are they that can 
' see, and behold him their leader, their orderer, their 
' conductor and preserver, in staying or going : Whose is 
'the earth and the fullness thereof , and the cattle upon a 
' thousand hills. And as we formerly writ, we cannot 
' but repeat our request unto you, that in whomsoever 
' a desire is to be concerned in this intended plantation, 
' such would weigh the thing before the Lord, and not 
' headily or rashly conclude on any such remove ; and 
' that they do not offer violence to the tender love of 
^ their near kindred and relations ; but soberly and con- 
' sdentiously endeavour to obtain their good wills, the 
^ unity of friends where they live ; that whether they go 

* or stay, it may be of good favour before the Lord (and 
'good people) from whom only can all heavenly and 

* earthly blessings come. This we thought good to write 
' for the preventing of all misunderstandings, and to 
^ declare the real truth of the matter ; and so we com- 
' mend you all to the Lord, who is the watchman of 

* his Israel. We are your friends and brethren. 

William Penn, 
Gawen Lawrie, 
Nicholas Lucas. 

CHAP. 



92 



The history 



A. D. 

1677. 



WesU 
Jersey 
commis- 
sionera. 



CHAP. VI. 

Arrival of more settlers to West-Jersey ; their difficulties ; 
Hieir purchases from the Indians ; they lay out a toion ; 
some of their first sentiments of the country, and 
an account of the duke of Yoi'k's two last grants, 
being for the provinces East and West New-Jersey, 
separately. 

AMONG other purchasers of the West-Jersey 
lands, were two companies, one made up of 
some friends in Yorkshire,?- (as hinted in the conces- 
sions) the other of some friends in London ; who each 
contracted for considerable shares, for which they had 
patents. In 1677, commissioners (agreeable to expec- 
tation given) were sent by the proprietors, with power 
to buy the lands of the natives ; to inspect the rights of 
such as claimed property, and to order the lands laid 
out ; and in general to administer the government, pur- 
suant to the concessions : These commissioners were 
Thomas Olive, Daniel Wills, John Kinsey, John 
Penford, Joseph Helmsley, Robert Stacy, Benjamin 

Scott, 

g. Thomas Hutchinson, of Beverley in the county of York, yeo- 
man ; Thomas Pierson, of Bonwicke in tlie said county, yeoman ; 
Joseph Helmsly, of Great Kelke in the said county, yeoman ; George 
Hutcliinson, of Sheffield in the said county, distiller, and Mahlon 
Stacy of Hansworth in the said county, tanner, were all principal 
creditors to E. Byllinge, to whom several of the other creditors made 
assijinments of their debts, which together amounted to the sura of 
£. 2450, sterling, and who took in satisfaction of the said sum seven 
full equal and undivided ninetieth parts of ninety equal and undi- 
vided hundred parts of West-Jersey ; and the same was conveyed to 
thi-m, their heirs and assigns, by William Penn, (rawen Lawrie, 
Jsicli. Lucus and Ed. Byllinge, by deed bearing date the first of the 
month called March, 1676: And by nnother conveyance of the same 
dale, from and to the same persons, in satisfactiori for other debts- 
to the amount of £. 1050, sterling, three other full equal and undi- 
vided ninetieth parts of the aforesaid ninety equal and undivided 
hundred parts of West- Jersey were also conveyed. 



Of NEW -JERSEY. 93 

Scott, Richard Guy and Thomas Foulke.^- They A. D. 



came in the Kent, Gregory oVfarlow, master, being the 
second ship from London, to the western parts : After 
a tedious passage they arrived at New-Castle, the 16th 
of the 6th month, O. S. King Charles the second, in his 
barge, pleasm'ing on the Thames, came along side, seeing 
a great many passengers, and informed whence they were 
bound, asked if they were all quakers, and gave them his 
blessing. They landed their passengers, two hundred 
and thirty in number, about Rackoon creek, where the 
Swedes had some scattering habitations ; but they were 
too numerous to be all provided for in houses ; some 
were obliged to lay their beds and furniture in cow stalls, 
and appartments of that sort; among other incon- 
veniences to which this exposed them, the snakes were 
now plenty enough to be frequently seen upon the 
hovels under which they sheltered : Most of the passen- 
gers in this ship were of those called quakers ; some 
of good estates in England. The commissioners had 
before left them, and were by this time got to a place 
called Chygoesi- Island, (afterwards Burlington) their 
business being to treat with the Indians about the land 
there, and to regulate the settlements, having not only 
the proprietors but governor Andres's commission 
for that purpose ; for in their passage hither, they had 
first dropped anchor at Sandy-Hook, while the com- 
missioners went to New- York to acquaint him with 
their design ; for tho' they had concluded the powers 
they had from the proprietors, were sufficient to their 
purpose ;• they thought it a proper respect to the duke 
of York's commission, to wait on his governor upon 
the occasion; he treated them civily, but asked them 

if 

h. Richard Guy came in the first ship : John Kinsey, died at 
Shackamaxon soon after his landing ; his remains were interr'd at 
Burlington, in ground appropriated for a burying- ground, bu6 
now a street. 

i. From Chygoe, an Indian sachem, who lived there. 



1677. 



94 The HISTORY 



A. D. 

1677. 



if they had anything from the duke, his master ? they 
replied, nothing particularly; but that he had con- 
veyed that part of his country to lord Berkeley, and he 
to Byllinge, &c. in which the government was as 
much conveyed, as the soil : The governor replied, 
all that will not clear me; if I should surrender without 
the duke's order, it is as much as my head is worth ; 
but if you had but a line or two from the duke, I should 
be as ready to surrender it to you, as you would be to ask 
it. Upon which the commissioners, instead of excusing 
their imprudence in not bringing such an order, began 
to insist upon their right, and strenuously to assert their 
independency : But Andros clapping his hand on his 
sword, told them, that should defend the government 
from them, till he received orders from the duke, his 
master, to surrender it ; he however softened, and told 
them, he would do what was in his power, to make 
them easy, till they could send home to get redress; 
and in order thereto, would commissionate the same 
persons mentioned in the commission they produced, k. 
This they accepted, and undertook to act as magistrates 
under him, till further orders came from England, and 
proceed in relation to their land affairs, according to 
the methods prescribed by the proprietors. 

When arrived at their government, they applied to 
the Swedes for interpreters between them and the 
Indian Indians : Israel Helmes, Peter Rambo, and Lacy 

Cock, were recommended : By their help they made 
a purchase from Timber Creek to Rankokas Creek, 
another from Oldman's Creek to Timber Creek : After 
this they got Henric Jacobson Falconbre, to be their 
interpreter, and purchased from Rankokas Creek to 

Assunpinck : 

k. John Fenwick having neglected this precaution, as to the 
government of his tenth, was sent for a prisoner to New- York. 



Of NEW- JERSEY. 95 

Assanpink : ^- But when they had agreed upon this last A. B, 
purchasej they had not Indiati goods sufficient to pay 

the 

I. The deed for the lands between Rankokas creek and Timber 
creek bears date the 10th of September, 1677 ; that lor the lands 
from Old man's creek to Timber creek the 27 th of September, 
1677, and that from Rankokus creek to Assunpink the lOth of 
October, 1677: By the consideration paid for the lands between 
Oldmans and Timber creek, a judgment may be formed of the rest. 
It consisted of 30 matchcoats, 20 guns, 30 kettles and one great 
one, 30 pair of hose, 20 fathom of duffelds, 30 petticoats, 30 
narrow hoes, 30 bars of lead, 15 small barrels of powder, 70 
knives, 30 Indian axes, 70 combs, 60 pair of tobacco tongs, 60 
scissars, 60 tinshaw looking-glasses, 120 awl-blades, 120 Qshhooks, 
2 grasps of red paint, 120 needles, 60 tobacco boxes, 120 pipes, 
200 bell.-^, 100 Jewsharps, 6 anchors of rum. In the year 1703, 
another purchase was made by the council of proprietors of West- 
Jersey, of land lying above the falls of Delaware; another also 
about that time of lands at the head of Rankokas river, and several 
purchases afterwards included the whole of the lands worth taking 
up in West-Jersey, except a few plantations reserved to the Indians ; 
one of these in particular ought to be noted in this place, to the 
honour of John Wills, sometime one of the council, by whose advice 
the Indian sachem, called king Charles, laid an English right on a 
large plantation at Weekpink, containing a valuable tract of land, 
in the county of Burlington, which is so contrived as to remain 
unalienable from his posterity, who now enjoy the beneflt of it. 

The following are entries from the records of the council of pro- 
prietors relating to the purchases above. 

'At a meeting of the council of proprietors at Burlington, the 

* second day of November, anno 1703. Present: George Deacon, 
' president, Samuel Jennings, Thomas Gardner, Christopher We- 
'theriil, John Reading. Ordered, That John Wills, William 
' Biddle, jun. and John Reading, or any two of them, do go up 
'to the Indians above the Falls, and particularly to Caponockous, 
'in order to have the tract of land lately purchased of the Indians 
' marked forth, and get them to sign a deed for the same ; as also to 
' receive the residue of the goods as yet unpaid, or so many of 
'them that can be had, and to give him an obligation for the pay- 
'ment of the remaining part next spring. Ordered likewise, That 
'the persons abovesaid, do go to Nimhammoe's wig-wam, in order 
'to treat with him, to see the bounds of the land lately purchased 
'of him, to mark the same if it may be, and to pay him what part 
' of the goods is already procured in part to-wards the said purchase ; 
' and to do what else may be necessary towards perfecting purchases 
'of the concerns with the said Indians, and compleating of the 

* aforesaid ; the said persons also taking with them Thomas Foulke, 
' Andrew Heath, or some other proper person, to be an interpreter 

* between them and the Indians. * At 



96 The HISTORY 

A. D. the consideration, yet gave them what they had, to 
get the deed signed; they were however obliged to 

agree 

' At a meeting of the council of proprietors at Burlington, on the 
'27tli day of June, anno dom. 1703. Presknt: Mahlon Stacy, 
'Thomas Gardner John Wills, George Deacon, ('hrisLopher 

* Wetherill, Samuel Jennings and John Reading. Tlie persons 
'appointed to treat with the Indians, at the Falls, do make report, 
'that they accordingly met with the Indians, and made a full agree- 
'ment with them, that is to say, with Himharamoe, for one tract of 
'land, adjoining to the division line, and lying on both sides of 
' Rariton River, for the goods mentioned in a certain list for that 
'purpose made; and also with Coponnockou, for another tract of 
'land, lying between the purch.ise made by Adiord Boude, and the 
'bounds of the land belonging to Nimhammoe, fronting upon 
'Delaware river, for tiie goods mentioned in a particular list made 
'to that end. Ordered, Ttiat )iublick notice be given to the pro- 
' prietors within this province, that they meet together at Burling- 
'ton, on the 19th day of July next, in order to inform them, that a 
'purchase is made, npon what terms, and also that all such may 
'deposit their proportions of the charge, that expect to receive 
'benefit thereby ; which paper of publication is in these words. 

' By the council of proprietors sitting in Burlington, the 28th 

* day of June, anno dom. 1703. Whereas many of the proprietors 
'of this province have at sundry times addressed the coimcil ofipro- 
'prielors, that they might be allowed a third dividend or taking up* 
'of land, proportionable to their particular and respective rights in 

' the said province : Now this may certify, that the said council hav- 

* ing taken into their consideration the request of the said proprietors, 
'and in order to answer the same, have lately made an Indian pur- 

* chase of lands situate above the falls of Delaware; and therefore 
^all proprietors who are concerned therein, or expect to receive 
'benefit thereby, are hereby required to meet with the said council 
'at Burlington, on the nineteenth day of July next, that they may 

* be more particularly informed concerning the said purchase, and 
' upon what terms and conditions it is made, and also to deposite their 
'respective proportions of the said purchase, and all other charge 
^accruing thereby. Given under my hand per order, and on the 

* behalf of the said council, the day and year above said. 

' Upon the application of Mahamickwon, alias king Charles, an In- 

* dian sachem, unto the council of proprietors, concerning the bounds 
^ of two Indian purchases, formerly made from Rankokas creek to 
'Timber creek, and fi"om Rankokas to Assunpink, in which deeds is 
'mentioned the bounds to be from the uppermost head of Rankokas 
'to the uppermost head of Timber creek, and by a right line 
'extending from the uppermost head of Rankokas to the line of 
'partition of sir George Carteret, right against the uppermost head 
'of Assunpink ; which bounds were inserted through misunderstand- 
^ing between the interpreters and the English, and in truth ought 

'to 



Of N E W - J E 11 S E Y . 97 

agree with the Indians not to settle till the remainder A. D. 
was paid: Having travelled through the country and 

viewed 

* to be according^ to a line that was afterwards actually run by 
'agreement, made between the English and the Indians, and which 
'comes lower upon tlie creek than the uppermost heads thereof; 
'which said line the said king Oliarles desires may be allowed, 
' entered and recorded, as the true and right bounds of said purchase 
'and that the abovementioned bounds may be vacated and held 
' utterly void for the future, to which the council assents : informing 
'the sachem, that they always did and now do acknowledge and 
'own the last mentioned line to be the true limits of those [»urchases, 
' and order the same as actually run and marked by the English and 
"Indians, to be approved and held only for* the true line of the 
'abovementioned purchases; and that the first mentioned and 
'mistaken bounds be accounted null and void; and also that a 
'record be accordingly made thereof. 

'At a meeting of the council of proprietors, the 19th of July, 
'1703. Present: Samuel Jenings, Thomas Gardner, George 
' Deacon, Christopher Wetherill, John Hugg, Isaac Sharp, and 
'John Reading; tlie president absent. Memorandum, to inform 
'the proprietors, First, that the council liave made two Indian 
'purchases, amounting to, according to our best comput:ition, the 
'number of 150,000 acres at the least, the cost whereof to the 
'Indians, with other incidental charges, will amount to about the 
J sum of £. 700. Secondly, That it is the design of the said council, 
' to give publick notice to the proprietors in England and elsewhere, 
' what purchase is already made, of the opportunity of purchasing 
'more laud, that may be sufBcient to allow the number of 5000 
' acres for each dividend to a propriety, and of the cost thereof, 
' which by as near an estimation as we can make, will be about 24 1. 
' propriety for each dividend; and that if the said proprietors will 
' appoint their agents, and defray their proportionable part of the 
'charges, on or before the 20th day of July, anno dom. 1704, that 
' then they shall receive their respective rights, after the same method 
' that the rest of the proprietors do, at any time after the 18th of 
'October 8, 1704. Thirdly: But if the said absent proprietors 
'shall neglect or refuse to pay their parts of the said charge, then 
'that the said Indian purchase already made, shall be taken up by 
'such proprietary resideiits in these parts, that shall deposite their 
'respective parts of the said purchase; which at 5000 for the divi- 
' dend to a propriety, will amount to about 30 proprieties, which 
'we judge will nearly answer all the proprietors who are or have 
'agents in these parts. Fourthly: It is expected, that all such pro- 
' prietors who design to be interested for the Indian purchase, do in 
' some short time, advance their particular parts of the said costs, in 
'order to pay the Indians off" according to agreement made with 
' them.' Jeremiah 

G 



98 TheHISTORY 

A. D. viewed the land, the Yorkshire commissioners, Joseph 
Helmsley, William Emley and Robert Stacy, oq 
behalf of the first purchasers, chose from the falls of 
Delaware down, which was hence called the first tenth ; 
the Loudon commissioners, John Penford, Thomas 
Olive, Daniel Wills, and Benjamin Scott, on behalf 
of the ten London proprietors, chose at Arwaumus,. 
(in and about where the town of Gloucester now is) this- 
was called the second tenth : To begin a settlement there,. 
Olive sent up servants to cut hay for cattle he had 
bought: When the Yorkshire commissioners found 
the others were like to settle at such a distance, they 
told them, if they would agree to fix by them, they 
Burlington would join in settling a town,*"- and* that they should 
have the largest share, in consideration that they (the 
Yorkshire commissioners) had the best land in the 
woods : Being few, and the Indians numerous, they 
agreed to it. The commissioners employed Nobie,. 
a surveyor, who came in the first ship, to divide the 
spot. After the main street was ascertained, he 
divided the land on each side into lots; the eastern- 
most among the Yorkshire proprietors, the other 
among the Londoners : To begin a settlement, ren lots 
of nine acres each, bounding on the west, were laid out ; 
that done, some passengers from Wickaco, chiefly 
those concerned in the Yorkshire tenth, arrived the 
latter end of October. The London commissioners 
also employed Noble, to divide the part of the island 
yet unsurveyed, between the ten London proprietors, 

in 

Jeremiah Bass, attorney to the West- Jersey Society, made a purchase 
on their behalf, in 1693, of the lands between Cohansick creek and 
Morris's river. [Vid. Revell's book, secretary's office. Burl. p. 325.] 
Many other Indian purchases were before and afterwards, from time 
to time occasionally made, as the lands were wanted, in both East and 
West Jersey ; they are too numerous to be all particularized ; and one 
hereafter mentioned, compleated the whole that was left. 

m. In pursuance of the charter brought with them from England, 



OfNEW^JERSEY. 99 

in the manner beforementioned : The town thus by A. D. 
mutual consent laid out, the commissioners gave it the 
name first of New-Beverley, then Bridlington, but ^^^ named, 
soon changed it to Burlington. Some of the masters 
of families that came in the ship last mentioned, and 
settled in that neighbourhood, were Thomas Olive, 
Daniel Wills, William Peachy, William Clayton, 
John Crips, Thomas Eves, Thomas Harding, Tho- 
mas Nositer, Thomas Fairnsworth, Morgan Drewet, 
William Penntou, Henry Jenings, William Hibes, 
Samuel Lovett, John Woolston, William Wood- 
mancy, Christopher Saunders, and Robert Powell ; 
John Wilkinson and William Perkins, were likewise 
with their families passengers, but dying on the voyage, 
the latter were exposed to additional hardships, which 
were however moderated by the care of their fellow 
passengers : Perkins was early in life convinced of the W. Perkins, 
principles of those called Quakers, and lived well in 
Iveicestershire ; but seeing an account of the country wrote 
by Richard Hartshorne, and forming views of advan- 
tage to his family, tho' in his 52d year, he, with his wife, 
four children and some servants, embarked in this ship : 
Among the latter was one Marshall, a carpenter, par- 
ticularly serviceable in fitting up habitations for the 
new comers; but it being late in the fall when they 
arrived, the winter was much spent before the work 
was begun ; in the interim they lived in wigwams, 
built after the manner of the Indians. Indian corn 
and venison, supplied by the Indians, was their chief 
food : These people were not then much corrupted 
with strong liquors, but generally very friendly and 
helpful to the English ; notwithstanding it was thought 
endeavours had been used to make them otherwise, by 
insinuations that the English sold them the small-pox 

in 



The history 

A. D. in their matchcoats.'i- This distemper was among them, 
and a company getting together to consult about it, one 

of 

n. Thomas Budd, who own'd a share of propriety in West- Jersey, 
and ancestor to a large family there, who arrived at Burlington in 
1768, in a pamphlet describing the country, about nine or ten years 
afterwards, says, ' The Indians told us, in a conference at Burlington, 
'shortly after we came into the country, they were advised to make 
' war on us, and cut us off' while we were but few; for that we sold 

* them the small pox, with the matchcoat they had bought of us ; which 
'caused our people to be in fears and jealousies concerning them; 
'therefore we sent for the Indian kings to speak with them, who with 
' many more Indians came to Burlington, where we had a conference 
' with them about the matter ; we told them we came amongst them by 
'their own consent, and had bought the land of them, for which we 

* had honestly paid them ; and for what commodities we had bought 
'at any time of them, we had paid them for, and had been just to 
'them, and had been, from the time of our first coming, very 
'kind and respectful to them; therefore we know no reason that 
'they had to make war on us; to which one of them, in behalf of 
' the rest, made this following speech in answer. " Our young 
" men may speak such words as we do not like nor approve of, and 
" we cannot help that; and some of your young men may speak 
"such words as you do not like, and you cannot help that: We 
" are your brothers, and intend to live like brothers with you ; we 
" have no mind to have war ; for when we have war, we are only 
"skin and bones, the meat that we eat doth not do us good; we 
" always are in fear, we have not the benefit of the sun to shine 
"on us, we hide us in holes and corners; we are minded to live at 
" peace. If we intend at any time to make war upon you, we will let 
"you know of it, and the reasons why we make war with you ; and 
"if you make us satisfaction for the injury done us, for which the 
" war was intended, then we will not make war on you ; and if you 
" intend at any time to make war on us, we would have you let us 
" know of it, and the reason ; and then if we do not make satis- 
" faction for the injury done unto you, then you may make war on 
*'us, otherwise you ought not to do it; you are our brothers, and 
"we are willing to live like brothers with you; we are willing to 
" have a broad path for you and us to walk in, and if an Indian is 
"asleep in this path, tiie Englishman shall pass by, and do him no 
"harm; and if an Englishman is asleep in this path, the Indian 
"shall pass him by, and say, He is an Englishman, he is asleep; let 
"him alone, he loves to sleep. It shall be a plain path; there must 
" not be in this path a stump to hurt our feet. And as to the small 
" pox, it was once in my grandfathers time, and it could not be the 
"English that could send it to us then, there being no English in 
"the country: And it was once in my father's time, they could not 
*'8end it us then neither; and now it is in my time, I do not believe 

" that 



Of new-jersey. 101 

■'of their chiefs said, — 'In my grandfather's time the ^•_^* 

* small-pox came: In my father's time the small-pox 

'came 

" that they have sent it us now ; I do believe it is the man above 
" that hath sent it us." 

'Some are apt to ask, how we can propose safelj' to live amongst 
'such a heathen people, as the Indians, whose principles and prac- 

* tices leads them to war and bloodshed, and ours on the contrary, 
'to love enemies? / answer: That we settled by the Indians con- 
*sent and good liking, and bought the land of them that we settle 
'on; which they conveyed to us by deeds, under their hands 

* and seals, and also submitted to several articles of agreement with 
' us, viz. not to do us any injury: But if it should so happen, that 
'any of their people at any lime should injure or do harm to any 
'of us, then they to make us satisfaction for the injury done; 
'therefore if they break these covenants and agreements, then in 
'consequence of them, they may be proceeded against as other 
■'offenders, viz. to be kept in subjection to the magistrate's power, 
'in whose hand the sword of justice is committed, to be used by 
'him for the punishment of evil doers, and praise of them that do 
' well ; therefore I do believe it to be both lawful and expedient to 
"' bring offenders to justice, by the power of the magistrate's sword ; 
^ which is not to be used in vain, but may be used against such as 
' raise rebellions and insurrections against the government of the 
'country, be they christians or Indians (now that these have so far 
'agreed to abide by the laws of civil government) otherwise it is in 
■* vain for us to pretend to magistracy or government ; it being that 
' which we own to be lawful both in principle and practice. — The 
^Indians have been very serviceable to us by selling us venison, Indian 
'corn, pease and beans, fish and fowl, buck-skins, beaver, otter, 
""and other skins and furrs ; the men hunt, fish and fowl, and 
'the women plant the corn and carry burthens : There are many 
' of them of a good understanding, considering their education, 
'and in their publick meetings of business, they have excellent 
'order, one speaking after another; and while one is speaking, all 
' the rest keep silent, and do not so much as whisper one to the other : 
' we had several meetings with them ; one was in order to put down 
'the sale of rum, brandy, and other strong liquors, to them, they 
' being a people that have not government of themselves so as to 
'drink in moderation ; At which time there were eight kings [One 
' of them was Okanickon, a noted friend to the English; of whom 
^ more in the v'lWth chapter.'] and many other Indians The kings sat 
' on a form, and we on another over against them ; they had pre- 
' pared four belts of wampum, (so their current money is called, being 
' black and white beads made of a fish-shell) to give us as seals of the 
'covenant they made with us; one of the kings, by the consent and 
'appointment of the rest, stood up and made this following speech. 
•*' The strong liquor was first sold to us by the Dutch ; and they 

" were 



102 The HISTORY 

A. D. < came ; and now in my time the small-pox is come/ 
Then stretching his hands towards the skies, said, ' it 
' came from thence.' To this the rest assented. 

Having traced this ship's company into winter 
quarters, the next in course is the Willing Mind, John 
Newcomb commander ; she arrived from London, in 
November, and dropt anchor at Elsingburgh ; brought 
about sixty or seventy passengers : Some settled at 
Salem, others ac Burlington ; among the former 
were James Nevill, Henry Salter, and George Deacon, 
with their families. In this year also arrived the Flie- 
Boat Martha, of Burlington, (Yorkshire) sailed from 
Hull the latter end of summer, with one hundred 
and fourteen passengers, designed to settle the York- 
shire tenth : Some masters of families in this ship, 
were Thomas Wright, William Goforth, John 
Lynam, Edward Season, William Black, Richard 
Dungworth, George Miles, William Wood, Thomas 
Schooley, Richard Harrison, Thomas Hooten, Samuel 

Taylor 

" were blind, they had no eyes, th^y did not see that it was for our 
"hurt: The next people that came among us were the Swedes, 
"who continued the sale of those strong liquors to us; they were 
"also blind, they had no eyes, they did not see it to be hurtful to u» 
"to drink it, although we know it to be hurtful to us; but if people 
"will sell it to us, we are so in love with it that we cannot forbear 
"it: when we drink it, jt makes us mad, we do not know what we 
"do, we then abuse one another, we throw eacii otlier into the fire. 
"Seven score of our people have been killed by reason of the 
"drinking it, since the time it was first sold us: Those people that 
"sell it are blind, they have no eyes; but now there is a people 
"come to live amongst us, that have eyes, they see it to be for our 
"hurt, and we know it to be for our hurt: They are willing to deny 
"themselves tlie profit of it for our good : These people have eyes; 
"we are glad such a people are coa^e amongst us; we must put it 
"down by mutual consent; the cask must be sealed up; it must be 
" made fast, it must not leak by day nor by nigiit, in the light nor in 
"the dark; and we give you these four belts of wampum, which 
"we would have you lay up safe, and keep by you, to be witnesses 
"of this agreement that we make with you; and we would have 
"you tell your children, that these four belts of wampum are given 
"you to be witnesses betwixt us and you of this agreement." 



Of NEW-JERSEY. 103 

Taylor, Marmaduke Horsman, William Oxley, -^ „?• 

William Ley, and Nathaniel Luke ; the families of 

Robert Stacy and Samuel Odas ; and Thomas Ellis and 

John Batts, servants,o- sent by George Hutchinson, 

also came in this ship. Twenty of the passengers, 

perhaps more, were living 45 years afterwards. 

In one of tliese ships, or about this time however, Jo^^^ ^i"' 
T T- , T-^. , 1 • /. 1 sey, three 

arrived John Kmsey, then a young man ; his father one of that 

of the commissioners aforementioned, dying on his ^=*"i^- 

arrival, the care of his family fell to him ; he was 

afterwards a man of distinguished services, in several 

public stations ; and his son after him, of the same 

name, the late chief justice of Pennsylvania, must be 

long remembered by many in both provinces. 

Having landed so many of the settlers, it may not 

be disagreable to know some of their first sentiments 

of the country. John Crips in a letter to Henry Stacy^ 

gives the following account of it. 

'From Burlington, in Delaware river, 
' the 26th of the 8th month, 1677. 
^ Dear Friend, 

' Through the mercy of God, we are safely arrived John 
*■ at New-Jersey ; my wife and all mine are very well, |^"P^ ^^^ 

* and we have our healths rather better here than we 
' had in England ; indeed the country is so good, that 
^ I do not see how it can reasonably be found fault with : 
' As far as I perceive, all the things we heard of it in 

* England, are very true ; and I wish that many 
■* people (that are in straits) in England, were here. 

' Here 

0. Many that came servants, succeeded better than some that 
hrought estates ; the first inured to industry, and the ways of the 
country, became wealthy, while the others obliged to spend what 
they had in the difficulties of first improvements ; and others living 
too much on their original stock, for want of sufficient care to im- 
prove their estates, have, in many instances, dwindled to indigency 
and want. 



The history 



A. D. 

1677. 



and much better 
not so dry, but 
beef. You that 



Here is good land enough lies void, would serve- 
many thousands of families ; and we think if they 
cannot live here, they can hardly live in any place in 
the world ; but we do not desire to persuade any to- 
come, but such as are well satisfied in their own 
minds. A town lot is laid out for us in Burlington, 
which is a convenient place for trade ; it is about one 
hundred and fifty miles up the river Delaware ; the 
country and air seems to be very agreable to our bodies, 
and we have very good stomachs to our victuals t 
Here is plenty of provision in the country ; plenty 
of fish and fowl, and good venison very plentiful, 
than ours in England ; for it eats- 
is full of gravy, like fat young 
come after us need not fear the 
trouble that we have had, for now here is land ready 
divided agahist you come : The Indians are very 
loving to us, except here and there one, when they 
have gotten strong liquors in their heads, which they 
now greatly love : But for the country, in short, I 
like it very well; and I do believe, that this river of 
Delaware is as good a river as most in the wprld r 
It exceeds the river of Thames by many degrees. 

' Here is a town laid out for twenty properties, and 
a straight line drawn from the river side up the land, 
which is to be the main street, and a market place 
about the middle. The Yorkshire ten proprietors- 
are to build on one side, and the London ten the other 
side; and they have ordered one street to be made^ 
along the river side, which is not divided with the 
rest, but in small lots by itself; and every one that 
hath any part in a propriety, is to have his share in 
it. The town lots for every propriety will be about 
ten or eleven acres, which is only for a house, 
' orchard and gardens ; and the corn and pasture 
' ground is to be laid out in great quantities. 

' I am thy loving friend, 

John Crips. 



Thomas 



Of NEW-JERSEY. 105 

Thomas Hooten to his wife, dated 29th 8th month, A. D. 
1677. 1677. 

' My dear, 
' I am this present at the town called Burlington, 

* where our land is ; it is ordered to be a town for the 

* ten Yorkshire and ten London proprietors. I like 
' the place well ; our lot is the second next the 

* water side : It's like to be a healthful place, and 
' very pleasant to live in. I came hither yesterday, 
' being the 28th of October, with some friends that 
' were going to New- York. I am to be at Thomas 
' Olive's house, till I can provide better for myself: I 

* ijitend to build a house, and get some corn into the 

* ground : And I know not how to write concerning 

* thy coming, or not coming hither ; the place I like 
' very well, and I believe that we may live here very 
' well : But if it be not made free, I mean as to the 
' customs and government, P- then it will not be so 
' well, and may hinder many that have desires to 
' come : But if those two things be cleared, thou may 

* take thy opportunity of coming this summer. 

Thomas Hooton. 

William Clark to the proprietors. 

. New-Jersey, 20th 

' Dear Friends, 2d month, 1678. 1678. 

' I doubt not but it will be great satisfaction to you, 
' to hear of mine and the rest of friends passage to, 
' and safe arrival in New-Jersey : We took ship the 
' sixteenth of November, and made the land of New- 
' Jersey in thirty-four days. Now friends, as to this 
' country, there has been much said by several persons 

* in commendation thereof, both as to the increase of 
' all sorts of grain and fruits ; as also of the plenty 
' of fish, fowl, deer, swine, &c. that I shall not need 
^ to add any thing to it ; but in short, this I have to 

'say 

p. The customs were those imposed at New-Castle, upon all 
comers (of which we shall presently sec a more particular account) 
the government was yet administered by virtue of governor Andres's 
commission, both which were unexpected and disagreable : but these 
objections were soon removed. 



106 The HISTORY 

■A-. D. < say, that I do not know any one thing to fall short 
< q£ what was reported of this province, but that more 

* might truly have been said of its pleasant situation, 

* wholesome air, and general and great increase of all 
' things planted, and especially of Indian corn, which is 
' a very good and serviceable grain many ways ; the 

* English wheat and barley primely good ; but rie and 
^ pease much better than any I ever saw in England or 
' Ireland. I doubt not but you have had an account 
' of all other matters before this (by those who came 

* to Jersey before me) conies to your hands : And I 

* have no other end in this, than keeping you from the 
' rash censures of people that know it not ; as also for 

* the good and prosperity of this good county, &c. 

Directed for William Penn, \ WTTT-r-ntr n^ n-n-rr 

Gawen Lawrie, or Edward Byllinge. / W ILLIAM l^LARK. 

John Crips *to his brother and sister. 

Burlington, in New-Jersey, upon the river Delaware, 
the 19ih oi' 4th month, called June, 1678. 

' Dear and loving brother and sister. 

' I have received both your letters, wherein I under- 

* stand your faith concerning this country, is much 
' shaken, thro' several false reports given thereof; which 
' may be proved false under the hands of several good 

* friends ; I hope as worthy to be believed as that 

* reporter ; and such as have had more experience of 

* this place than he had, or could have, in so short a 
' time ; besides he came among us shortly after our 

* coming hither, when things were not settled in that 
' order amongst us, as now they are ; neither indeed 

* did he find such entertainment from some, as be ex- 
' pected ; which I suppose makes him speak the worst 

* he can devise of this place : But I question not but 
' this report will in a short time be wiped away, some 
*of which in my knowledge, is grossly untrue, as 
' well as contradictions to his own words ; for I re- 

* member when I travelled with him through part of 
' New-Jersey, he confessed that much of this land was 

* as good or better than the land in Rhode-Island : 

* And it's really my judgment, that those people that 

* cannot 



OfNEW-JEKSEY. 107 

■* cannot be contented with such a country, and such land A. D. 

*' as this is. they are not worthy to come here : And ^^'^^• 
this I can truly tell you, if I were now in England 
with you (and which I should be very glad to see) 
yet if all I had in the world would but bring me 
hither, I would freely leave you and ray native 
country, and come to New-Jersey again ; which I 
have said many a time heretofore, but now write it 
under my hand, and it's really the truth, whether 
you will believe it or not ; and farther, I can truly tell 
you, that I desire not, nor dare to write the least 
untruth, to draw you, nor any others to this place : 
But I am resolved, if I never see your face? more, to 
leave you to your own freedom. But I hope you 
are not insensible of my love and desires for you ; 
tho' I am, I say, constrained to forbear persuading 
you, or any one else against their own freedoms ; yet 
I think it my duty to let you, and all men know 
the truth of things as near as I can. Your letter 
saith, " it's reported the water is not so good as in 

' England." I do not remember that ever I tasted 
better water in any part of England, than the springs 
of this place do yield ; of which is made very good 
beer and ale ; and here is also wine and cyder. And 
whereas your letter to me saith, " several have come 

' back from this country to England." Two or three 
I suppose : there are lazy idle persons that have done 
so ; but on the other hand, here are several persons, 
men of estates, that have been here, and have gone 
back to England, and sold their estates and returned 
with their whole families, hither again ; which 
methinks should take many of these scruples out of 
the way, if nothing else were said or done in praise of 
this country : But I suppose there are many in 
England, that desire to hear ill of this place, because 
they would keep their friends there with them ; and 
they think we never write enough of the bad pro- 
perties of the country, and vermin in it. Now this 
I may say, in short, that here are bears, wolves, foxes, 
rattle snakes, and several other creatures, (I do believe 
because I see the Indians have such skins to sell) but 



108 



The history 



A. D. 

1678. 



The ship 
Shield. 



' I have travelled several hundreds of miles, to and 
' fro, and I never to my knowledge, saw one of those 
' creatures, except two rattle snakes, and I killed them 
' both : I suppose the fear of those creatures in 
' England, is far worse to some there, than the hurt of 
' them is here ; aaid as for the musketto fly, we are not 
' troubled with them in this place ; our land for the 
' most part, lying high and healthy, and they for the 
' most part, are in a low boggy ground. Thomas 

* Budd and his family are arrived ; the ship lyeth 
' before this town, that brought them : I wish you 
' have not cause to repent .that you came not along 

* with them ; they had a very good passage, and so had 
' the London ship ; they are both in the river at this 
' time, I understand by Thomas Budd, that he did 
' satisfy you as near as he could, of the truth of things 
' here ; and you had as much reason to believe him, as 
' that other person, and more too ; for Thomas had 

* far more experience of this place, than he could have 

* in the short time he was among us ; so of these things 

* I shall forbear to write any further at present. 

John Crips. 

' To the truth of the contents of these things, we 
'subscribe our names; Daniel Wills, Thomas Olive, 
' Thomas Harding, Thomas Budd, William Peachy. 

In the 10th month O. S. 1678, arrived the Shield, 
from Hull, Daniel Towes commander, one of the 
ships mentioned in the above letter, and di'opped 
anchor before Burlington, being the first ship that came 
so far up Delaware : Against Coaquanock?- being a bold 
shore, she went so near in turning, that part of the tack- 
ling struck the trees ; some on board then remarked it 
was a fine spot for a town : A fresh gale brought her to 
Burlington : She moor'd to a tree, and the next morning 
the people came ashore on the Ice, so hard had the 
river suddenly frozen. In her came William Emley, 

the 



q. The Indian name of the place where Philadelphia now stands. 



Of NEW-JERSEY. 10& 

the second time, with his wife, two children, one A. D. 
born by the way, two men and two women servants ; 
Mahlon Stacy, his wife, children and several servants, 
men and women ; Thomas Lambert, his wife, children 
and several men and women servants ; John Lambert 
and servant; Thomas Revell, his wife, children and 
servants; Godfrey Hancock, his wife, cliildren ajid 
servants; Thomas Potts, his wife and children; John 
Wood and four children ; Thomas Wood, his wife and 
children ; Robert Murfin, his wife and two children ; 
Robert Schooly, his wife and children ; James Pharo, 
his wife and children; Susannah Fairnsworth, her 
children and two servants; Richard Tattersal, his wife 
and children ; Godfrey Newbold, John Dewsbury, 
Richard Green, Peter Fretwell, John Fretwell, John 
Newbold, one Barns, a merchant from Hull, Francis 
Barwick, George Parks, George Hill, John Heyres, 
and several more. 

In this year also arrived a ship from London, which 
brought John Denn, Thomas Kent, John Hollins- 
head, with their families ; William Hewlings, Abra- 
ham Hewlings, Jonathan Eldridge, John Petty, Tho- 
mas Kirby, with others : The first of these settled 
about Salem, the rest at Burlington. About this 
time, and a few years afterwards, arrived at Burlington, 
the following settlers from England, viz. John Butcher, 
Henry Grubb, William Butcher, William Brightwin, 
Thomas Gardner, John Budd, John Bourten, Seth 
Smith, Walter Pumphrey, Thomas Ellis, James 
Satterthwaite, Richard Arnold, John Woolman, Johu 
Stacy, Thomas Eves, Benjamin Duffield, John Payne, 
Samuel Cleft, William Cooper, Jonn Shinn, William 
Biles, John Skein, John Warrel, Anthony Morris, 
Samuel Bunting, Charles Read, Francis Collins, Tho- 
mas Mathews, Christopher Wetherill, John Dewsbury, 
John Day, Richard Basnett, John Antrom, William 

' Biddle, 



110 



The history 



A. D. 

1678. 



Biddle, Samuel Furnace, John Ladd, Thomas Raper, 
Roger Huggins and Thomas Wood. »"• 

Some hint has been given respecting the Dutch con- 
quest of New- York and New-Jersey, «• and that in 
1673, they were yielded to king Charles the second, by 
the general article of the treaty of peace : It was to 
prevent any disputes that might arise upon a plea of the 
property being thus alienated from the first purchasers, 
that that king did, by his letters patent bearing date 
the 2%th day of June, 1674, grant unto the duke of 
York, his heirs and assigns, the several tracts of land 

in 



r. Several of these have died within a few years past ; whether any 
but Wood are yet living, cannot here be told. 

s. The accounts of that affair, tho' sufficient to authenticate the 
facis, are defective : Sir George Carteret in a publick declaration to 
the inhabitants, dated July 31, 1674, asserts it positively. The 
ingenious author of the history of New-York, says, (p. 29, 30, 31.) 
A few Dutch ships arrived the 30th of July 1673, under Staten- 
Island, at the distance of a few miles from the city of New-York. 
John Manning a captain of an independent company, had at that 
time the command of the fort, and by a messenger sent down to the 
squadron, treacherously made his peace with the enemy. On 
that very day, the Dutch ships came up, moored under the fort, 
landed their men, and entered the garrison, without giving or 
receiving a shot. A council of war was afterwards held at the 
Stadt-House, at which were present, Cornelius Evertse, jun. and 
Jacob Benkes, commodores, and Anthony Colve, Nicholas Boes, 
Abraham Ferd. Van Zyll, captains. All the magistrates and 
constables from East-Jersey, Long Island, Esopus and Albany, 
were immediately summoned to New- York ; and the major part 
of them swore allegiance to the States General, and the prince 
of Orange. Col. Lovelace was ordered to depart the province, 
but afterwards obtained leave to return to England with commo- 
dore Benkes. It has often been insisted on, that this conquest 
did not extend to the whole province of New-Jersey ; but upon 
what foundation I cannot discover: From the Dutch records it 
appears, that deputies were sent by the people inhabiting the 
country, even so far westward as Delaware river, who in the name 
of their principals, made a declaration of their submission ; in 
return for which, certain privileges were granted to them, and 
three judicatories erected at Niewer Amstel, Upland, and Hoarkiil. 
— The Dutch governor enjoyed his office but a very short season, 
for on the 9th of February 1674, tlie treaty of peace between 
■* England and the States General was signed at Westminster j the 
''sixth article of which restored this country to the English." 



Of NEW-JERSEY. Ill 

in America, which by the former letters patent had A. D. 
been granted to him ; of which New-Jersey was part. 
In this year, upon the application of the assigns of 
lord Berkely, the duke made them a new grant of West 
New-Jersey; and in like manner by an instrument 
bearing date the 10th of October, granted the eastern 
moiety of New-Jersey, to the grandson of sir George 
Carteret. 



CHAP. yii. 

Letters from some of the settlers of West- Jersey : 
and arguments against the customs imposed at theHoar 
Kill by the governor of New- York 

SOME letters from the first settlers of West- Jersey, 
with accounts of their situation and sentiments of 
the country, have already been introduced ; more 
might be added,' but the following may suffice in this 
place. 

Abstract of Mahlon Stacy's letter to his brother 
Revell, and some others, dated the 26th of the 4th 
month 1680. 1680. 

' But now a word or two of those strange reports you 

* have of us and our country ; I affirm they are not 
' true, and fear they were spoke from a spirit of envy : 

* It is a country that produceth all things for the supj)ort 
' and sustenance of man, in a plentiful manner ; if it 
' were not so, I should be ashamed of what I have 
' before written ; but I can stand, having truth on my 
' side, against and before the face uf all gainsayers 

* and evil spies : I have travelled through most of 
' the places that are settled, and some that are not, and 
' in every place I find the country very apt to answer 
' the expectation of the diligent : I have seen orchards 
' laden with fruit to admiration, their very limbs 

* torn to pieces with the weight, and most delicious to 

'the 



112 



The history 



the taste, and lovely to behold ; I have seen an apple 
tree from a pippin kernel, yield a barrel of curious 
cyder ; and peaches in such plenty, that some people 
took their carts a peach-gathering; I could not but 
smile at the conceit of it : They are a very delicate 
fruit, and hang almost like our onions that are tied 
on ropes : I have seen and known this summer, forty 
bushels of bold wheat of one bushel sown ; and many 
more such instances I could bring ; which would be 
too tedious here to mention : We have from the time 
called May until Michaelmass, great store of very 
good wild fruits, as strawberries, cranberries and 
hurtleberries, which are like our bilberries in England, 
but far sweeter ; they are very wholesome fruits. The 
cranberries much like cherries for colour and bigness, 
which may be kept till fruit come in again ; an excel- 
lent sauce is made of them for venison, turkeys, and 
other great fowl, and they are better to make tarts 
than either goosberries or cherries ; we have them 
brought to our houses by the Indians in great plenty. 
My brother Robert had as many cherries this year as 
would have loaded several carts: It is my judgment 
by what I have observed, that fruit trees in this 
country destroy themselves by the very weight of their 
fruit : As for venison and fowls, we have great plen- 
ty: We have brought home to our houses by the 
Indians, seven or eight fat bucks of a day ; and some 
times put by as many ; having no occasion for them ; 
and fish in their season very plenteous : My cousin 
Revell and I, with some of my men, went last third 
month into the river to catch herrings; for at that 
time they came in great shoals into the shallows ; we 
had neither rod nor net ; but after the Indian fashion 
made a round pinfold, about two yards ovef, and a 
foot high, but left a gap for the fish to go in at, and 
made a bush to lay in the gap to keep the fish in ; and 
when that was done, we took two long birches and 
tied their tops together, and w6nt about a stone's cast 
above our said pinfold; then bawling these birche's 
boughs down the stream, where we drove thousands 

before 



O F N E W - J E R S E Y . 113 

' before us, but so mauy got iuto our trap as it would A. D. 

* hold, and then we began to hawl them on shore as ^^^' 
' fast as three or four of us could, by two or three at a 

* time ; and. after this manner, in half an hour, we 
' could have filled a three bushel sack of as good and 
' large herrings as ever I saw ; and as to beef and pork, 
' here is great plenty of it, aiKi clieap ; and also good 

* sheep : The common grass of this country feeds beef 
'very fat: I have killed two this year, and therefore 1 
' have reason to know it ; besides I liave seen this fall, 
' in Burlington, killed eight or nine fat oxen and cows 
' on a market day, and all very fat : And though I 

* speak of herrings only, lest any should think we 
' have little other sorts, we have great ])lenty of most 
' sorts of fish that ever I saw in England ; besides 

several other sorts that are not known there ; as rocks, 
cat-fish, shads, sheeps-heads, sturgeons ; and fowls 
plenty ; as ducks, geese, turkies, pheasants, par- 
tridges, and many other sorts that I cannot remember, 
and would be too tedious to mention. Indeed the 
country, take it as a wilderness, is a brave country, 
though no place will please all. But some will be ready 
to say, he writes of conveniencies, but not of incon- 
veniencies : In answer to those, I honestly declare, 
there is some barren land, as (I suppose) there is in 
most places of the world, and more Avood than some 
would have upon their lands ; neither will tlie country 
produce corn without labour, nor cattle be got with- 
out something to buy them, nor bread with idleness ; 
else it would be a brave country indeed : And I que- 
stion not, but all then would give it a good word; for 
my part I like it so well, I never had the least thought 
of returning to England, except on the account of 
trade. Mahlon Stacy.' 

In a letter to William Cook of Sheffield, and others, 

Stacy wrote thus : M. Stacy. 

' This is a most brave place ; whatever envy or evil 

' spies may speak of it, I could wish you all here ; 

' Burlington will be a place of Lrade quickly ; for here 

H 'is 



114 



The history 



A. D. 

1680. 



is way for trade : I, with eight more, last winter, 
bought a good ketch of fifty tons, freighted her out at 
our own charge, and sent her to Barbados, and so to sail 
to Saltertugas, to take in part of her lading in salt, and 
the rest in Barbados goods as she came back ; which 
said voyage she hath accomplished very well, and 
now rides before Burlington, discharging her lading, 
and so to go to the West-Indies again ; and we intend 
to freight her out with our own corn. We have 
wanted nothing since we came hither, but the com- 
pany of our good friends and acquaintance ; all our 
people are very well, and in a hopeful way to live 
much better than ever they did ; and not only so, but 
to provide well for their posterity : Tliey improve 
their lands and have good crops ; and if our friends 
and countrymen come, they will find better reception 
than we had by far at first, before the country was 
settled as now it is. I know not one among the 
people, that desires to be in England again ; I mean 
since settled : I wonder at our Yorkshire people, that 
they had rather live in servitude, and work hard all the 
year, and not be three pence the better at the year's 
end, than stir out of the chimney corner and transport 
themselves to a place where, with the like pains, in 
two or three years, they might know better things. 

* I never repented my coming hither, nor yet rcmem- 
bred thy arguments and out-cry against New-Jersey 
with regret. I live as well to my content, and in as 
great plenty as ever I did, and in a far more likely 
way to get an estate. Tho' I hear some have thought 
I was too large in my former, I affirm it to be true ; 
having seen more with mine eyes in this time since, 
than ever yet I wrote of,<- Mahlon Stacy. 

' From the Falls of Delaware, in West-New- 
' Jersey, the 26th of the 4th month, 1680.' Abstract 



(. The inhabitants of West-Jersey, had hitherto either ponnded 
their corn or ground it with hand mills; but about this time Olive 
had built liis water mill on his plantntion, nigh Kankokas creek; 
and in this year Stacy finished liis mill at Trenton : This last having 
been rebuilt, continues good : These two were the only mills that 
ground for the country several of the first years after their arrival. 



Or NEW -JERSEY. 115 

Abstract of a letter from Daniel Wills to William A. D. 
Biddle, in Bishop's-gate-Street, London.""- 
' Dear friend, 

' Let every man Avrite according to his judgment, 
and this is mine concerning this county ; I do really ^- ^^l^^- 
believe it to be as good a country as any man need to 
dwell in ; and it is much better than I expected 
every way for land I will assure thee ; here is as good 
by the judgment of men, as any in England ; and 
for my pai't I like the country so well, and it is so 
pleasant to me, that if I had a good estate in land in 
England, I should not come to live upon it ; for 
through industry here will be all things produced that 
are necessary for a family as in England, and far more 
easy, I am satisfied : When I am walking alone, 
and the sense of the Lord's good dealings is brought 
before me ; I cannot but admire him for his mercies, 
and often in secret bless his name, that ever he 
turn'd my face hitherward, and gave me confidence 
in himself, and boldness by faith, to oppose all 
gainsayers ; though never so strong : Although then 
I could not say, it seemed so clear to leave the land of 
my nativity, yet now it is to me a certainty, that my 
removal was right, and in what I did, I had peace ; 
and in all my exercises by sea and land, I never felt 
the least matter in me, as to desire I had not come 
forward, but rather rejoiced in the midst of all. 
Though my removal was not ordinary, because of 
the largeness of my family, yet blessed be God, all is 
well to our content ; if thou heeds every objection, it 
will be work enough : My resolutions were, and my 
sayings to several opposers, that I would come ; if 
God hindred me not, no man should. I have writ 
to John Mulliner and Edward Cooper largely, con- 
cerning the country, and refer to that letter. Now 
my near and ancient acquaintance, William and 
Sarah Biddle, my love you may feel beyond expres- 

' sion J 

u. William and Sarah Biddle, with their family, removed for 
West- Jersey, in the summer, 1681. 



116 The HISTORY 

A. D. ' sion ; and if you have clearness to come to New- Jersey, 

1680. I Yet nothing hinder ; but if you have a stop within 

' yourselves, let not any thing farther you until the way 

* clears to your full satisfaction. In this advice I deny 
' myself; if I might I would forward you to the utmost, 

* but I dare not ; if a man cannot live here, I believe 
' he can hardly live in any place in the world ; the place 

* being, as I thought, set before me, by him who gives 

' length of days ; I will wait his good pleasure, and see 

' what he will afford me in it. The last ship that came 

' to New-York, brought several passengers, some of 

'which came to see this country, and liked it well; 

' so dear friends, you may stand against all opposers 

' concerning the land, for it is good. 

Burlington, 6th of 11th DaNIEL WiLLS.' 

month, 1679-80. 

Though the passengers who had already come to 
West-Jersey, were well satisfied with the country, 
things in general answering beyond their expectation ; 
yet they were under one great inconveniency. We have 
seen, that the governor of New- York, had very early 
imposed ten per cent, on all goods imported at the Hoar 
Kill ; and on exports, something in- kind still subsisted ; 
Five per cent being demanded of the settlers at arrival, 
or afterwards, at the officer's pleasure; and that not 
according to the neat cost of the goods, but upon the 
foot of the invoice, as shipped in England : This was 
evidently an arbitrary act ; neither West-Jersey nor the 
Hoarkill Avas legally under their jurisdiction ; the settlers 
from the first complained of the hardship, but bore it with 
tolerable patience, till about 1680 ; when they had it re- 
dressed by the interposition of their friends in England, 
who applying to the duke of York, he referred the matter 
to council ; there it rested for a considerable time ; but at 
last, by the diligence of W. Penn, Geo. Hutchinson, and 
others, was reported in their favour : Sir John Werden, 
on the duke's behalf, wrote to have it discontinued. 

The 



Of new-jersey. 117 

The arguments used against this duty or impost, may A. D. 
be seen by the following. 

■^ To those of the duke's commissioners, whom he has 
' ordered to hear, and make report to him, con- 
' cerning the customs demanded in New West-Jer- 
' sey, in America, by his governor of New- York. 
' 1st. The king has granted to the duke of York, Argu- 
a tract of land in America, consisting of several gainst the 
Indian countries, with such powers and authorities customs at 
as are requisite to make laws, and to govern and the Hoar- 
preserve the territory when planted : But with this ^ ^' 
restriction twice expressed, and several times referred 
to, viz. So alvMys as the said statutes, ordinances, 
and proceedings, he not contrary, but as near as may be, 
agreeable to the laws, statutes, and government of this 
our realm of England. In another place thus ; And 
further, it may be laioful for our dearest brother, his 
heirs and assigns, by these presents, to make, ordain, 
and establish all manner of orders, laws, directions, 
instruments, and forms of government, and magistrates 
fit and necessary for the territory aforesaid : But still 
with this limitation ; so always as the same be not 
contrary to the laws and statutes of this our realm of 
England, but as near as may be agreeable thereto. 

'■ 2. The duke of York, by virtue of this grant 
from the king to him, for a competent sum of 
money, (paid by the lord John Berkely and sir George 
Carteret) granted and sold to them, a tract of land, 
called now by the name of New-Cesarea, or New- 
Jersey; and that in as ample manner as it was 
granted by the king to the duke. 

' Thus then we come to buy that moiety which 
belonging to lord Berkeley, for a valuable considera- 
tion ; and in the conveyance he made us, powers of 
government are expressly granted ; for that only 
could have induced us to buy it ; and the reason is 
plain, because to all prudent men, the government 
of any place is more inviting than the soil ; for what 
is good land without good laws ; the better the worse : 

'And 



118 



The history 



* And if we could not assure people of an easy and 
'free, and safe government, both with respect to 
' their spiritual and worldly property ; that is, an un- 
' interrupted liberty of conscience, and an inviolable 
' possession of their civil rights and freedoms, by a 
'just and wise government, — a meer wilderness would 

* be no encouragement ; for it were a madness to leave 
'a free, good and improved country, to plant in a 
' wilderness ; and there ad venture many thousands of 
' pounds, to give an absolute title to another person 
' to tax us at Avill and pleasure : This single considera- 
' tion, we hope, will excuse our desire of the govern- 
' ment ; not asserted for the sake of power but safety j 
' and that not only for ourselves, but others ; that the 

* plantation might be encouraged. 

' 3. The lord Berkeley and sir George Carteret, con- 
' sidering how much freedom invites, that tliey might 
' encourage people to transport themselves into those 
' parts, made and divulged certain concessions, con- 
' taining a model of government : Upon these several 

* went, and are there planted ; the country was thu& 
' possessed, and the said government uninterruptedly 
' administered by the said lord Berkely and sir George 
'Carteret, or their deputy, for several years; during 
' which time no custom was demanded. 

' 4. We dealt with the said lord Berkeley, upon the 
' sight of these concessions, and the presumption that 
' neither he nor sir George Carteret, would attempt 
' to act any thing they had not power to do ; much 
' less, that they or either of them, would pretend to sell 
' a power they never had ; since that would not only be 
' a cheat to the people that dealt with them for it, but 
' an high affront to the duke. 

' 5. The moiety of New-Csesarea, or New-Jersey, 
' thus bought of the said lord Berkeley, we dispose of 
' part of our interest to several hundreds of people, 
' honest and industrious ; these transport themselves, 
' and with them such houshold stuff and tools, as are 

* requisite for planters to have : They land at Delaware 
*bay, the bounds of the country we bought; the 

'passsage 



Of new-jersey. 119 

* passage God and nature made to it ; at their arrival A. D. 
' they are saluted with a demand of custom, of five ^' 
^ per cent, and that not as the goods may be there 

^ worth, but according to the invoice as they cost 
^ before shipp'd in England ; nor did they take them as 

* they came, but at pick and chose, with some severe 
"^ language to boot. This is our grievance ; and for 
' this we made our application to have speedy redress, 

* not as a burden only, with respect to the quantum or 

* the way of levying it, or any circumstances made 
' hard by the irregularity of the officers, but as a wrong ; 
^ for we complain of a wrong done us ; and ask yet 

* with modesty, quo jure ? Tell us the title by what 
^ right or law are we thus used ; that may a little miti- 
' gate our pain ? — Your answer hitherto hath been this, 
" That it was a conquered couutry ; and that the king, 
" being the conqueror, he has power to make laws, 
" raise money, &c, and that this power jure regale, the 
'^ king hath vested in the duke, and by that right and 
'^ sovereignty, the duke demands that custom we com- 
" plain of." ' But suppose the king were an absolute 
' conqueror in the case depending, doth his power 
' extend equally over his own English people, as over 
^ the conquered ? Are not they some of the letters that 
' make up the word conqueror ? Did Alexander con- 
^ quer alone, or Cjesar beat by himself? No. Shall 

* their armies of countrymen and natives lie at the same 
' mercy as the vanquished, and be exposed to the same 
' will and power with their captive enemies ? The Nor- 

* man duke, more a conqueror of England, by his 
' subjection to our laws, and pretence to a title by them, 
^ than of heraldry by his arras, used not the compa- 

* nions of his victory so ill : Natural right and humane 
' prudence, oppose such doctrine all the world over ; 
' for what is it but to say, that people free by law undei 

* their prince at home, are at his mercy in the plan- 
' tations abroad ; and why ? because he is a conqueror 
' there, but still at the hazard of the lives of his own 
' people, and at the cost and charge of the publick : 

* We could say more, but choose to let it drop. But 

* our 



The history 

A. D. ' our case is better yet ; for the kings grant to the duke 

1680. t q£ York, is plainly restrictive to the laws and govern- 

' ment of England, and that more than once, . as is 

' before expressed. Now the constitution and govern- 

* ment of England, ; as we humbly conceive, are so 
' far from countenancing any such authority, as it is 
' made a fundamental in our constitution and govern- 
'ment, that the king of England cannot justly take his 
' subjects goods without their consent : This needs no- 
' more to be proved, than a principle ; 'tis jus indigene,. 
' an home-born right, declared to be law by diverse 

* statutes ; as in the great charter, ch. 29, and 34 Ed. 

* 3, ch. 2 ; again, 25 Ed. ch. 7. Upon this were many 
' of the parliament's complaints grounded ; but parti- 
' cularly that of the same king's reign, as is delivered by 
'Mat. Westminster, in these words: ^- To 

* give up this (the power of making laws) is to change 

* the government, to sell, or rather resign ourselves to 
' the will of another ; and that for nothing : For under 
' favour we buy nothing of the duke, if not the right 

* of an undisturbed colonizing, and that as Englishmen 

* with no diminution, but expectation of some increase 
' of those freedoms and privileges enjoyed in our own 
' country : for the soil is none of his, 'tis the natives, by 
' the Jiis gentium, by the law of nations ; and it would 
' be an ill argument to convert to Christianity, to expel 
' instead of purchasing them out of those countries :: 
' If then the country be theirs, it is not the duke's ;. 
' he cannot sell it ; then what have we bought ? We 
' are not unanswered in this point, and desire you to 
' do it with all due regard to the great honour and 

* justice of the duke : If it be not the right of colo- 
' nizing there, which way have we our bargain, that 

* pay an arbitrary custom, neither known to the laws- 

* of England, nor the settled constitution of New- 

* York, and those other plantations? To conclude this- 

' point 

X. The manuscript copy whence this is taken, ia here defaced : 
It contains a number of authorities from Biacton, Fortesque, th» 
petition of right, &o 



Of NEW-JERSEY. 121 

point, we humbly say, that we have not lost any part A. D. 
of our liberty, by leaving our country ; for we leave "i-^^O. 
not our king, nor our government, by quitting our 
soil ; but we transplant to a place given by the same 
king, with express limitation to erect no polity con- 
trary to the same established government, but as near 
as may be to it; and this variation is allowed but for 
the sake of emergencies ; and that latitude bounded 
with these words, for the good of Hie adventurer and 
'planter ; which that exaction of custom can never be : 
In that it not only varies to the discouragement and 
prejudice of the planter, but contradicts his native 
laws, rights and liberties, and lays a foundation for 
another sort of government than that which was only 
known to his fathers ; unto the just defence of which 
he is engaged by nature and municipal laws : So far 
the point of law. 

' We shall now insist upon the equity of our 
case ; First, This very tax of five per cent, is a 
thing not to be found in the duke's conveyances,, 
but an after-business ; a very surprize to the planter ! 
and such an one, as could they have foreseen, they 
would have sooner taken up in any other plantation 
in America. In the next place, 

' 2. New-Jersey never paid custom before last 
peace, and that peace re-invests every proprietor by 
articles. Now we bought it when free, since which 
time this imposition is born ; must we be subjected to 
the payment of one tax, of greater value than the 
country? This in plain English, is under another 
name, paying for the same thing twice over ; nay, 
had the soil been purchased of the Indians, by those 
of whom we bought it, and given us ; it had been 
dearly accepted, upon this condition, and with this 
incumbrance ; but it was bought by us, and that for 
a valuable consideration here ; and is now pui'chased 
again of the natives there too ; this makes our case 
extreme hard, and we pray relief. 

' 3. Custom in all governments in the world, is laid 
* upon trade, but this upon planting is unprecedented : 

'Had 



The history 



Had we brought commodities so these parts to sell, 
made profit out of them, and returned to the advan- 
tage of traders ; there had been some colour or pre- 
tence for this exaction ; but to require and force a 
custom from persons for coming to their property, 
their own terra firraa, their habitations; in short, 
for coming home, is without a parallel ; this is pay- 
ing custom not for trading, but landing; not for 
merchandizing, but planting; in very deed for 
hazarding; for there v,'e go; carryover our families 
and estates; adventure both for the improvement of 
a wilderness, and are not only told we must pay here- 
after out of our gains and improvements, but must 
pay out of our poor stock and principal, (put into 
goods) five pounds in the hundred; and not as they 
are there worth, but as they here cost; and this for 
coming to plant: So that the plain English of the 
tragedy is this; we twice buy this moiety of New- 
Jersey, first of lord Berkeley, and next of the natives ; 
and what for? the better to mortgage ourselves and 
posterity to the duke's governors, j^nd give them a 
title to our persons and estates, that never had any 
before : But pray consider, can there be a house 
without a bottom ; or a plantation before a people 'i 
if not, can there be a custom before a trade ? Thus 
much for the equitable part of our plea; the next 
and last, is the prudential : We do offer several things 
in point of prudence, why the duke should desist 
from the exaction : First, there can be no benefit to 
a prince in America, there can be no trade, without 
a people ; there will be no people where there is no 
encouragement ; nor can there be any encouragement 
where people have not greater privileges by going 
than staying ; for if their condition be not meliorated, 
they will never forego the comfort of their kindred 
they must leave behind them, nor forsake their 
native country, run the hazard of the seas ; nor 
lastly, expose themselves to the wants and difficul- 
ties of a wilderness ; but on the contrary, if they 
have less privileges there than at home, 'tis every 

* way 



Of NEW-JEKSEY. 123 

* way to worst themselves to go ; for they do not only A. D. 

* pay custom here for going, but there for arriving ; •^"^^' 
' which is not done in any other plantation, even when 

^ our men go to merchandize and not to plant, which 
' is our case : Besides there is no end of this power ; 

* for since we are by this precedent, assessed without 

* any law, and thereby excluded our English right of 
^ common assent to taxes ; what security have we of 
^ any thing we possess? we can call nothing our own, 
^ but are tenants at will, not only for the soil but for 
^ all our personal estates ; we endure penury and the 
^ sweat of our brows, to improve them at our own 

* hazard only : This is to transplant, not from good 
^ to better, but from good to bad ; this sort of conduct 
' has destroyed government, but never raised one to 
^ any true greatness ; nor ever will in the duke's terri- 
^ tories, whilst so many countries equally good in soil 
' and air, surrounded with greater freedom and secu- 
' rity : Whereas if the duke please to make all planters 
' easy and safe in their liberty and property, such a 
'just and free government will draw in other places, 
' encourage persons to transplant into his country, and 
' his disbursements will soon be at an end ; his revenues, 
' with satisfaction to the people, presently visibly 
' augmented : Next this encouragement shipping and 
' seamen, which not only takes off abundance of idle 
' people, but our native growth and manufacture, and 

* the export of them ; and the import of the produce 
^ of these plantations, in a little time overflow and 

* advance the revenue of the crown : Virginia and 

* Barbados are proofs undeniable in the case. 

' Lastly, the duke's circumstances, and the people's 
^jealousies considered, we humbly submit it, if there 

* can be in their opinion, a greater evidence of a design 

* to intioduce an unlimited government, than both to 

* exact such an unterminated tax from English planters, 
' and to continue it after so many repeated complaints ; 
^ and on the contrary, if there can be any thing so 

* happy to the duke's present affairs, as the oppor- 

* tunity he hath to free that country with his own hand, 

*and 



124 



The history 



A. D. 

1680. 



Jenings to 
Penn, &c. 



' and to make us all owners of our liberty, to his favour 
' and justice : So will Englishmen here know what to 
' hope for, by the justice and kindness he shews to 
' Englishmen there ; and all men to see the just model of 
' his government in New- York, to be the scheme and 

* draught in little, of his administration in Old England 
' at large, if the crown should ever devolve upon his 

* head. The conclusion is this, that for all these reasons 
' in law, equity and prudence, alledged ; you would 
' please to second our request to the duke, that like 
' himself, he would void this taxation, and put the 
' country in such an English and free condition, that 
' he may be as well loved and honoured, as feared by all 

* the inhabitants of his territory ; that being great 
' in their aifections, he may be great by their industry ; 
' which will yield him that wealth, that parent of 
' power, that he may be as great a prince by property 

* as by title.' 

That this custom was now taken off, will, among 
other things, appear by the following letter from 
Samuel Jenings,2/- directed to William Penn, Edward 
By Hinge, or Gawen Lawrie. 
' Dear friends, 
' This may give you an account of mine and my 
families safe arrival in New-Jersey, with all the rest 
that came with us. I might say something concern- 
ing our passage at sea, but I wave it for want of 
time, and in fine may observe all was well ; for 
which I bless God ; and the Lord keep us all sensible 
of it, with the rest of his mercies forever. 

' Dear friends, about six weeks since, we arrived in 
Delaware river, where I expected to have met with a 
combat, in the denial of customs: In our passage at 
sea, I had communicated to all thafc had any conside- 
rable cargo on board, the opinion of council, con- 
cerning the illegal demand thereof, with what else I 

' thought 



y. He with his family, removed from Coles hill, the upper side- 
of the county of BuckK, about the third month, 1680. 



OfNEW-JERSEY. 125 

* thought mio;ht be for their information ; which thus A. D. 
' far prevailed, tliat most if not all concerned, seemed -i-oo"' 
' resolved to deny the paying of custom here ; having paid 

' all the king's duties in England. In good time we 
' came to anchor in Delaware, where one Peter Alrick 
' came aboard, and brought a handsome present to our 
' commander, and sent for me into the round-house, 
' where they both were, and Peter told me he had 
' nothing to say to us relating to customs ;-■ he had no 
' commission for it, nor did he know of any body that 
' had ; so we had all our goods safely landed after this 
' unexpected easy manner. 

' In pursuance of the trust committed to me after my 
' arrival, I acquainted those nominated in the commis- 
' sion with me of it ; but in a short time after I received 
' your letters, giving an account of a new grant obtained, 
' wherein the customs are taken off, a free port con- 
' firmed, and the government settled on Edward Byl- 
' linge ; which I doubt not will be very acceptable to 

• every honest man ; but as yet I have not had time to 
' let the people in general know it : And now seeing 
' the ports are made legally free, and the government 
' settled, I would not have any thing to remain as a 
' discouragement to planters : Here are several good 
' and convenient settlements already, and here is land 
' enough and good enough for many more. 

"''"tZi^lm!'' "'} Samuel tomos. 



s. He used to collect the customs. 




CHAP. 



126 



The history 



A.D. 

1680. 



Jenings 
deputy 
governor. 



Fimda- 
mentals. 



CHAP. VIII. 

The first form of government in West- Jersey, under the 
proprietors : The first laws they made : The method 
of regulating land affairs ; and a further account of 
the Indians found in the first settled part of these 
pr'ovinces. 

TH E western part of New-Jersey, was now become 
populous, by the accession of many settlers. 
Jenings, who arrived last year, about this time, 
received a commission from Byllinge, (whom the pro- 
prietors in England, as mentioned before, had chosen 
governor) to be his deputy : He called an assembly, 
and with them agreed upon certain fundamentals of 
government, as follows. 

' Province of West-New-Jersey, in America, the 25th 
of the 9th month called November, 1681. 
* Forasmuch as it hath pleased God to bring us into 
' this province of West-New-Jersey, and settle us here 
' in safety, that we may be a people, to the praise and 
' honour of his name, who hath so dealt with us, and 
' for the good and wellfare of our posterity to come : 

* We, the governor and proprietors, freeholders and 
'inhabitants of West-New-Jersey, by mutual consent 
' and agreement, for the prevention of innovations 
' and oppression, either upon us, or our posterity, and 
' for the preservation of the peace and tranquility of 
' the same ; and that all may be encouraged to go on 
' chearfully in their several places ; we do make and 
' constitute these our agreements, to be as fundamentals 
' to us, and our posterity, to be held inviolable ; and 
*that no person or persons whatsoever, shall or may 

* make void or disannul the same, upon any pretence 

* whatsoever. 

' 1. That there shall be a general free assembly for 
' the province aforesaid, yearly and every year, at a day 

'certain 



Of NEW-JERSEY. 127 

certain, chosen by the free people of the said province, A. D. 
whereon all the re})resentatives for the said province 
shall be summoned to appear, to consider of the 
affairs of the said province, and to make and ordain 
such acts and laws as shall be requisite and necessary 
for the good government and prosperity of the free 
people of the said province ; and (if necessity shall 
require) the governor for the time being, with the 
consent of his council, may and shall issue out writs 
to convene the assembly sooner, to consider and 
answer the necessities of the people of the said pro- 
vince. 

' 2. That the governor of the province aforesaid, 
his heirs or successors, for the time being, shall not 
suspend or defer the signing, sealing and confirm- 
ing of such acts and laws as the general assembly 
(from time to time to be elected by the free people of 
the province aforesaid) shall make or enact for the 
securing of the liberties and properties of the said 
free people of the province aforesaid. 

' 3. That it shall not be lawful for the governor of 
the said province, his lieirs or successors, for the time 
being, and council, or any of them, at any time or 
times hereafter, to make or raise war uj)on any ac- 
count or pretence whatsoever, or to raise any military 
forces within the province aforesaid ; without the 
consent and act of the general free assembly, for th& 
time being. 

' 4. That it shall not be lawful for the governor of 
the said province, his heirs or successors, for the time 
being, and council, or any of them, at any time or 
times hereafter, to make or enact any law or laws 
for the said province, without the consent, act and 
concurrence of the general assembly : And if the 
governor for the time being, his heirs or successors, 
and council, or any of them, shall attempt to make 
or enact any such law or laws, of him or themselves, 
without the consent, act and concurrence of the 
general assembly ; that from thenceforth, he, they, 
or so many of them, as shall be guilty thereof, shall 

* upon 



128 



The history 



upon legal conviction, be deemed and taken for 
enemies to the, free people of the said province; 
and such act so attempted to be made, to be of no 
force. 

' 5. That the general free assembly, from time to 
time, to be chosen as aforesaid, as the representatives, 
of the people, shall not be prorogued or dissolved, 
before the expiration of one whole year, to com- 
mence from the day of their election, without their 
own free consent. 

' 6. That it shall not be lawful for the governor of 
the said province, his heirs or successors, for the time 
being, and council, or any of them, to levy or raise 
any sum or sums of money, or any other tax whatso- 
ever; without the act, consent and concurrence of 
the general Assembly. 

' 7. That all officers of state or trust, relating to the 
said Province, shall be nominated and elected by the 
general free assembly for the time being, or by their 
appointment; which officer and officers, shall be 
accountable to the general free assembly, or to such as 
the said assembly shall appoint. 

' 8. That the governor of the province aforesaid, 
his heirs or successors, for the time being, or any of 
them, shall not send ambassadors, or make treaties, 
or enter into alliances, upon the public account of the 
said province, without the consent of the said general 
free assembly. 

' 9. That no general free assembly hereafter to be 
chosen by the free people of the province aforesaid, 
shall give to the governor of the said Province for the 
time being, his heirs or successors, any tax or custom 
for longer time than for one whole year. 

' 10. That liberty of conscience, in matters of faith 
and worship towards God, shall be granted to all 
people within the province aforesaid, who shall live 
peaceably, and quietly therein ; and that none of the 
free people of the said province, shall be rendered un- 
capable of office in respect of their faith and worship. 

' Upon 



Of new-jersey. 129 

' Upon the governor's acceptance and performance A. D. 

* of the proposals herein before expressed, we the ge- 

* neral free assembly, proprietors and freeholders of 
^ the province of West New-Jersey aforesaid, do accept 
■' and receive Samuel Jenings, as Deputy Governor. 
*■ In testimony whereof I have hereunto put my hand 
' and seal, the day and year above written, 

' Samuel Jenings, Deputy Governor. 
Subscribed also ' Thomas Olive, Speaker.' 

This assembly was held from the 21st till the 28th of 
November, and passed six and thirty laws (beside the Laws, 
above) many of which were repealed in a few years 
afterwards : Some of them were in substance, — That 
it should be the business of the governor and commis- 
sioners to see that all courts executed their offices, and 
to punish such officers as should violate the laws : — 
That lands legally taken up and held, planted and 
possessed seven years, should not be subject to alteration : 
— That all officers of trust should subscribe to do equal 
right and justice : — That no person should be condemned 
or hurt, without a trial of twelve men ; and that in 
criminal cases, the party arraigned to except against 
thirty-five, or more upon valid reasons : — That in 
every court, three justices or commissioners at least, 
to sit and assist the jury, in cases of law; and pro- 
nounce the judgment of the jury : That false wit- 
nesses be fined, and disabled from being after admitted 
in evidence, or into any public office in the province : 
— That persons prosecuting for private WTong (murder 
treason and theft excepted) might remit the penalty 
or punishment either before or after condemnation : 
— That juries should be summoned by the sheriff, 
and none be compelled to fee an attorney to plead his 
cause : — That all wills should be first proved and 
registered, and then duly performed : — That upon 
persons dying intestate, and leaving a wife and child, 

I or 



130 The HISTORY 

A. D. or children, the governor and commissioners for the 
time being, were to take security, that the estate 
should be duly administered, and the administrator to 
secure two thirds for the child or children, the other 
to the widow ; where there was no children, one moiety 
or half the estate, was to go to the next of kin, the 
other half to the widow; always provided, such 
estate exceeded one hundred pounds ; otherwise the wi- 
dow to have the whole ; and in cases of leaving chil- 
dren, and no provision, the charge of bringing them 

up, to be paid out of the public stock : That 

felons should make restitution four fold, or as twelve 
of the neighbourhood should determine; and such as 
hurt or abuse the person of any, be punished according 
to the nature of the offence : That whoso- 
ever presumed, directly or indirectly, to sell any 
strong liquors, to any Indian or Indians, should 
forfeit for every such offence, the sum of three 
pounds : — That ten men from Burlington, and ten 
from Salem, should be appointed to lay out and 
clear a road from Burlington to Salem, at the public 
expence :~That two hundred pounds should be equally 
levyed and appropriated for the charges of government, 
upon the several tenths, twenty pounds each ; every 
man to be assessed according to his estate; and all 
handicrafts, merchants and others, at the discretion 
of the assessors : Persons thinking themselves aggrieved, 
had the liberty of appealing to the commissioners of the 
tenth they belonged to. These and other laws agreed 
on, the commissioners next fixed the following method 
for regulation of lands. 

' The methods of the commissioners for settling and 

' regulation of lands. 

' We whose names are hereunder written, comrais- 

Eegulation ' sioners nominated, elected and chosen by the general 

of lands. ( fj.^^ assembly, proprietors and freeholders of the 

' province 



Of new- jersey. XSV 

province of West-New-Jersey, the 23d day of No- A. D. 
vember last past, for the settling and regulating of ' 

lands, and other concerns within the said province ; do 
by and with the approbation and consent of the 
governor of the said province, and council, in pur- 
suance of the said trust in us reposed, hereby fully 
agree upon these rules and methods herein after fol- 
lowing : (that is to say) 

* 1. That the surveyor shall measure the front of the 
river Delaware, beginning at Assunpink creek, and 
from thence down to Cape May, that the point of 
the compass may be found for the running the parti- 
tion lines betwixt each tenth. 

* 2. That each and every tenth, or ten proprieties,, 
shall have their proportion of front to the river Dela- 
ware, and so far back into the woods as will make or 
contain sixty-four thousand acres for their first settle- 
ment, and for the sab-dividing the Yorkshire and 
London two tenths. 

' 3. To allow three thousand and two hundred acres- 
where the parties concerned please to chuse it within 
their own tenth ; to be taken up according to the rules 
or methods following, viz. One eighth part of a pro- 
priety, and so for smaller parts, to have their full pro- 
portion of the said land in one place (if they please) 
and greater purchasers or shares not to exceed five 
hundred acres, to one settlement. 

' 4. All lands so taken up and surveyed, shall be 
seated within six months after it is so taken up ; and 
if the same shall not be seated within the said time^ 
then such choice and survey shall be void, and the 
same lands shall be free for any other purchaser to 
take up ; provided he or they so taking up the same, 
do, or shall seat it, within one month after it is so 
taken up. 

* 5. That no person or persons shall take up lands 
on both sides of a creek, to one settlement, except 
the commissioners for the time being, shall see good 
cause for their so doing. 

<6. That 



132 



The history 



' 6. That no person or persons shall have more than 
forty perches front to the river, or navigable creek, 
for each and every one hundred acres, except it fall 
upon a point, so tnat it cannot otherwise be avoided ; 
and in such cases it shall be left to the discretion of 
the commissioners then for the time being. 

* 7. That all lands be laid out on straight lines, that 
no vacancies be left between lands, but that they be 
joined one seat to another, except the commissioners 
then for the time being, shall for good causes order it 
otherwise. 

' 8. That all persons shall take their just proportions 
of meadow, which shall be laid forth at the discretion 
of the commissioners then for the time being. 

' 9. That all persons who are already seated, shall 
have liberty to make his settlement his choice, if he 
please; provided he or they observe and follow the 
rule or method herein prescribed. 

' 10. That every proprietor shall have four hundred 
acres to a propriety, and so proportionably to lesser 
quantities for their town lot, over and above their 
aforesaid three thousand two hundred acres ; which 
may be taken any where within their own tenth, 
either within or without the town bounds. 

'11. That no person or persons who have already 
taken up a town lot, shall have liberty to leave it, and 
take a lot elsewhere, but shall keep the same he hath 
taken up, as his town lot. 

' 12. That Thomas Wright shall keep his settlement, 
containing four hundred acres ; and that theo ommis- 
sioners for Yorkshire side, shall allow to the town 
bounds, three hundred acres, to be taken up adjoining 
to the town bounds, on Lazy Point, in lieu thereof. 

' 13. That no purchaser shall take up more land 
within the town bounds, than belongs to his town lot, 
by virtue of his purchase. 

' 14. That no person or persons (who are not pur- 
chasers to whom town lot or lots are given) shall dis- 
pose of, or sell his or their said lot or lots of land, 

'from 



OfNEW-JERSEY. 133 

'* from their house or houses respectively ; and that if A. D. 
'any such person or persons as aforesaid, shall dispose 

* of, or sell such said lot or lots apart from his or their 
' said house or houses, then such said sale of lot or lots 
^ shall be void and of no effect ; and the same lot or 
' lots shall from thence become forfeit, to the use of 
^ the town of Burlington, to be disposed of therein, 
' at the discretion of the commissioners then for the 
^ time being. 

' 15. That no person or persons from hence for- 
■* ward, shall take up any land, without special order 

* from two or more of the commissioners for the time 
■* being, first had and obtained. 

' 16. That all and every settlement and settlements 
'' already made, which are not consonant and agreeable 
^ to the rules and methods aforesaid, shall be liable to 

* regulation, according to the said rules and methods. 

' 17. That the proprietors who are yet remaining 
■* in England, shall have notice, that we find it necessary 
•* for the speedy settlement of this province, and for 

* the interest of all concerned therein, to allow to every 
' propriety as aforesaid, three thousand two hundred 
^ acres for our first choice ; and in case much people 
^ shall come, as may be reasonably expected, who have 

* purchased no land in England, and desire to settle 
^ amongst us ; that then we reserve liberty to take up 
' so much land more as shall fall to every propriety, 

* not exceeding five thousand and two hundred acres, 
' which was allowed to us for our first settlement : 

* Provided nevertheless, that none shall take up any 
' proportion of land, but as they shall settle it, or 
' cause it to be settled ; which is to be done after the 
■* aforesaid three thousand two hundred acres shall be 
'justly taken up and settled. 

'18. That all publick highways shall be set forth, 
' at any time or times hereafter, at the discretion of 

* the commissioners for the time being, in or through 
' any lands taken up, or to be taken up ; allowing the 
■'owners of such lands where such publick highways 

shall 



134 



The history 



A. D. 

1681. 



shall be laid forth, reasonable satisfaction at the dis- 
cretion of the commissioners, in lieu thereof. 

' 19. Yet nevertheless, it is hereby commended and 
agreed by the authority aforesaid, that the rules and 
methods herein before agreed on, shall not make 
void or disannul, all or any settlement or settle- 
ments heretofore made, in the Yorkshire tenth, who 
have seated according to a former agreement, viz. 
Not having taken up more than fifty perches for each 
and every hundred acres on the river or navigable 
creek, and having kept their due breadth and bounds 
from the river or creek. 

' Signed and sealed the 5th December, 1681, by 
Samuel Jenings, governor, Thomas Olive, Thomas- 
Budd, Robert Stacy, Benjamin Scott, Thomas 
Gardiner, Daniel Wills, Mahlon Stacy, Thomas 
Lambert. 

' 20. That all persons who have already taken up 
any lands, within the first and second tenth in this 
province, shall bring in their deeds or writings, to 
shew their title to such lands as they have taken up^ 
to Benjamin Scott, Robert Stacy, Thomas Budd,. 
and Thomas Gardiner, on or before the twelfth day 
of this instant January, next ensuing the day of 
the date hereof. 

' 21. That all person or persons hereafter to take up 
land within the said first and second tenth, shall first 
make application to the said Benjamin Scott, Robert 
Stacy, Thomas Budd, and Thomas Gardiner, or any 
two of them ; and shall also before the said commission- 
ers solemnly declare and aver, upon the penalty of the 
law of perjury, to pass against them, that the quan- 
tity or portion of land contained in their respective 
Deeds or other Writings, do really and in good con- 
science, belong and appertain to him or them so 
requiring a warrant or warrants, for laying forth his 
or their land ; so as the said commissioners may be 
thereby satisfied with the justness of his or their title 
thereto ; then, and not before, the said commissioners,. 



Of NEW-JERSEY. 135 

■* or any two of them, shall and may grant out a -A.- D. 
^ warrant to the surveyor or his deputy, to lay out and • 

* survey the respective proportion of land to him or 
' them due and appertaining as aforesaid ; enjoining 

* the surveyor or his deputy, to make return of his 

* said warrant and survey, at the next court after such 

* warrant granted, to be held at Burlington ; that the 
■* same may be registered by order of the said court. 

' 22. That all proprietors and purchasers, within 

* the said first and second tenths, shall and may have 
' liberty to take his and their full proportions of land 

* as before within is agreed upon, of the first and second 
' choice in one place ; provided he or thev so doing 
' take not up more than five hundred acres of land in 

* one settlement. 

^ Witness our hands and seals, the 14th day of the 
* eleventh month, 1681. 

Samuel Jenings, Governor. 
Thomas Olive, 
RoBEET Stacy, 
Thomas Budd, 
Daniel Wills, 
Thomas Gardiner, 
Benjamin Scott. 

It would be vain to pretend to give a particular 
account of all the different tribes or nations of Indians 
that inhabited these provinces before the Europeans 
came among them, there being probably a tribe in 
some parts, for every ten or twenty miles, which were Indiana, 
commonly distinguished by the names of creeks or other 
noted places where they resided ; thus, there were the 
AssunpinkjZ- the Rankokas,"- the Mingo,*- the 

Andastaka, 

z. Stony Creek, a. Lamikas, or Chichequas; was the proper 
Indian name ; they did not pronounce the r at all. 

b. Indian knowledge about the weather were received topicks 
of conversation ; some of their maxims have been found as gene- 
xallj true, as things of that kind commonly are. If Jacob Taylor's 

intelligence 



6 The HISTORY 

A. D. Andastaka, the Neshamine, and the Shackamaxon 

1 fiSl 

Indians; and those about Burlington were called the 
Mantas ;c. but these and others were all of them distin- 
guished from the back Indians, who were a more warlike 
people, by the general name of the Delawares : The- 
nations most noted from home, that sometimes inha- 
bited New-Jersey, and the first settled parts of Pennsyl- 
vania, were tlie Naraticongs, on the North side of Rari- 
ton River, the Capitinasses, the Gacheos, the Munseys, 
the Pomptons, the Senecas and the Maquaas -d. this last 
was the most numerous and powerful : Different nations^ 
were frequently at war with each other, of which hus- 
bandmen sometime,s find remaining marks in their fields : 
A little below the falls of Delaware on the Jersey side ; 
at Point-no-point in Pennsylvania, and several other 
places, Avere banks that have been formerly thrown up 

for 

intelligence be right, they also predicted: A sachem of this tribe 
(he says) being observed to look at the great comet, which ap- 
peared the first of October 1680, and asked, what he thought was 
the meaning of that prodigious appearance ? answered gravely, 
It signifies that we Indians shall melt away, and this country be in- 
habited by another people. How this Indian came by his knowledge 
without the learned Whiston's astronomical tables, or whether he 
had any knowledge, is not so material. He will however be allowed 
as good a right to pretend to it, when the event is considered, as the 
other had in his conjectures concerning the cause of Noah's flood: 
This at least till the regularity of the comets motions are better 
known. But we see greater names have had their prognosticating 
sentiments concerning them. Hence Dr. Young in his paraphrase 
on that chapter of Job, where the almighty challenges the patriarch 
on the weakness of man. 

Who drew the comet out to such a size 
And pour'd his flaming train o'er half the skies? 
Did thy resentment hang him out, does he 
Glare on the nations, and denounce from thee? 

c. Frogs, a creek or two in Gloucester county, are called Manta 
or Mantau, from a larger tribe that resided there ; the Indians were- 
probably both of the same Stock. 

d. The Five Nations before the sixth was added ; but few of 
these had their residence in New-Jersey : They are supposed to have 
been sometimes in fishing seasons among the others here ; the Dutch* 
called them Mahakuase. 



customs. 



Of new- jersey. 137 

for intrenchments, against incursions of the neigh- A.. D. 
bouring Indians, who in their canoes used sometimes to 
go in warlike bodies from one province to another. 

It was customary with the Indians of West-Jersey, 
when they buried their dead, to put family utensils, bows 
and arrows, and sometimes money (wampum) into the 
grave with them ; as tokens of their affection. When a Indian 
person of note died far from the place of his own resi- 
dence, they would carry his bones to be buried there ; 
they washed and perfumed the dead, painted the face, 
and followed singly ; left the dead in a sitting posture, 
and covered the grave pyramidically : They were very 
curious in preserving and repairing the graves of their 
dead, and pensively visited them ; did not love to be 
asked their judgment twice about the same thing: 
They generally delighted in mirth ; were very studious 
in observing the virtues of roots and herbs, by which 
they usually cured themselves of many bodily distem- 
pers, both by outward and inward applications : They 
besides frequently used sweating, and the cold bath. e. 
They had an aversion to beards, and would not suffey 
them to grow ; but pluck'd the hair out by the roots : 
The hair of their heads was black, and generally 
shone with bear's fat, particularly that of the women, 
who tied it behind in a large knot ; sometimes in a bag. 
They called persons and places, by the names of 
things remarkable, or birds, beasts, and fish ; as 
Per-hala, a duck; Chu-havmk, a goose; Quink-Quink^ 
a tit ; PuUuppa, a buck ; Shingas, a wild-cat ; and they 

observed 

e. T&e manner was to first inclose the patient in a narrow cabbia,. 
in the midst of which was a red hot stone, this frequently wet with 
water, occasioned a warm vapour ; the patient sufiiciently wet with 
this and liis own sweat, was hurried to the next creek or river, and 
plunged into it; this was repeated as often as necessary, and some- 
times great cures performed. But this rude method at other times 
killed, notwithstanding the hardy natures of the patients ; especially 
in the small pox and other European disorders. 



138 The HISTORY 

A. D. observed it as a rule, when the rattle-snake gave notice 
by his rattle before they approach'd, not to hurt him ; 
but if he rattled after they had passed, they immediately 
return'd and kill'd him. They were very loving to one 
another ; if several of them came to a christian's house, 
and the master of it gave one of tliem victuals and 
none to the rest, he would divide it into equal shares 
amongst his companions ; if the christians visited them, 
they would give them the first cut of their victuals ; 
they would not eat the hollow of the thigh of any 
thing they killed. Their chief employment was hunt- 
ing, fishing, and fowling; making canoes, bowls, 
and other wooden and earthen ware ; in all which they 
were, considering the means, ingenious : In their earthen 
bowls they boiled their water. Their women's business 
chiefly consisted in planting Indian corn, parching or 
roasting it, pounding it to meal in mortars, or breaking 
it between stonas, making bread, and dressing victuals ; 
in which they were sometimes observed to be very neat 
and cleanly, and sometimes otherwise : They also made 
mats, ropes, hats and baskets, (some very curious) 
of wild hemp and roots, or splits of trees : Their young 
women were originally very modest and shame-faced, 
and at marriageable ages distinguished themselves witii 
a kind of work'd mats, or red or blue bays, interspersed 
with small rows of white and black wampum, or half 
rows of each in one, fastened to it, and then put round 
the head, down to near the middle of the forehead : Both 
young and old women would be highly offended at in- 
decent expressions, unless corrupted with drink. The 
Indians would not allow of mentioning the name of a 
friend after death : They sometimes streaked their faces 
with black, when in mourning ; but when their affairs 
went well, they painted red : They were great observers 
of the weather by the moon ; delighted iii fine cloaths ; 
were punctual in their bargains, and observed this so 
much in others, that it was very difficult for a person 

who 



Of NEW-JERSEY. 139 

who had once failed herein, to get any dealings with A. D. 
them afterwards. In their councils they seldom or never 
interrupted or contradicted one another, till two of them 
had made an end of their discourse ; for if ever so many 
were in company, only two must speak to each other, 
and the rest be silent till their turn : Their language was 
high, lofty, and sententious : Their way of counting 
was by tens, that is to say, two tens, three tens, four 
tens, &c. when the number got out of their reach, 
they pointed to the stars, or the hair of their heads. 
They lived chiefly on maze, or Indian corn roasted in 
the ashes, sometimes beaten and boiled with water, 
called homine; they also made an agreeable cake of 
their pounded corn ; and raised beans and pease ; but 
the woods and rivers afforded them the chief of their 
provisions : They pointed their arrows with a sharpened 
flinty stone, and of a larger sort, with withs for handles, 
cut their wood ; both of these sharpened stones are often 
found in the fields. Their times of eating were commonly 
morning and evening ; their seats and tables the ground : 
They were naturally reserved, apt to resent, to conceal 
their resentments, and retain them long ; they were liberal 
and generous, kind and affable to the English : They 
were observed to be uneasy and impatient in sickness for 
a present remedy, to which they commonly drank a 
decoction of roots in spring water, forbearing flesh, 
which if they then eat at all, it was of the female. 
They took remarkable care of one another in sickness, 
while hopes of life remained ; but when that was gone, 
«ome of them were apt to neglect the patient. Their 
government was monarchical and successive, and mostly 
of the mother's side, to prevent a spurious issue. /■ They 

commonly 

/. That is, the children of him now king, will not succeed, 
l)ut his brother by the mother, or children of his sister, whose sons 
(and after them the male children of her daughters) were to reign; 
for no woman inherited. 



140 TheHISTORY 

A. r>. commonly washed their children in cold water as soon 
as born ; and to make their limbs straight, tied them to 
a board, and hung it to their backs when they travelled ; 
they usually walked at nine months old : Their young 
men married at sixteen or seventeen years of age, if by 
that time they had given sufficient proof of their man- 
hood, by a large return of skins : The girls married 
about thirteen or fourteen, but stay'd with their mothers 
to hoe the ground, and bear burthens, &c. for some 
years after marriage : The women, in travelling, gene- 
rally carried the luggage : The marriage ceremony 
was sometimes thus ; the relations and friends being^ 
present, the bridegroom delivered a bone to the bride^ 
she an ear of Indian corn to him, meaning that he 
was to provide meat, she bread : It was not unusual 
notwithstanding, to change their mates upon dis- 
agreement; the children went with the party that 
loved them best, the expence being of no moment to- 
either ; in case of difference on this head, the man 
was allowed the first choice if the children were divided 
or there was but one. Very little can be said as to their 
religion ; much pains were taken by the early christian 
settlers, and frequently since, to inform their judg- 
ments respecting the use and benefit of the christian 
revelation, and to fix restraints; but generally with 
unpromising success, tho' instances have now and then 
happened to the contrary : They are thought to have 
believed in a God and immortality, and seemed to^aim 
at publick worship ; when they did this, they some- 
times sat in several circles one within another; the 
action consisted of singing, jumping, shouting and danc- 
ing ; but mostly performed rather as something handed 
down from their ancestors, than from any knoAV- 
ledge or inquiry into the serious parts of its origin : 
They said the great king that made them, dwelt in a 

glorious 



Of NEW-JERSEY. 141 

glorious country to the southward, and that the spirits A. D. 
of the best should go there and live again : Their most 
solemn worship was the sacrifice of the first fruits, in 
which they burnt the first and fattest buck, and feasted 
together upon what else they had collected ; but in this 
sacrifice broke no bones of jv^y creature they eat ; when 
done, they gathered and buried them very carefully; 
these have since been frequently ploughed up : They 
distinguished between a good and evil man-etta, or 
spirit ; worshiped the first for the good they hoped ; and 
some of them are said to have been slavishly dark in 
praying to the last for deprecation of evils they feared ; 
but if this be true in a general sense, some of the tribes 
much conceal'd it from our settlers : They did justice 
upon one another for crimes among themselves, in a 
way of their own ; even murder might be attoned for 
by feasts, and presents of wampum ; the price of a 
woman kill'd was double, and the reason, because she 
bred children, which men could not do. — If sober they 
rarely quarrelled among themselves ; they lived to sixty, 
seventy, eighty, and more, before rum was introduced, 
but rarely since : Some tribes were commendably careful 
of their aged and decrepid, endeavouring to make the 
remains of life as comfortable as they could ; it was pretty 
genecally so, except in desperate decays ; then indeed as 
in other cases of the like kind, they were sometimes apfe 
to neglect them. Strict observers of property, yet 
to the last degree, thoughtless and inactive in acquiring 
or keeping it : None could excel them in liberality of 
the little they had, for nothing was thought too good 
for a friend; a knife, gun, or any such thing given ta 
one, frequently passed through many hands : Their 
houses or wig-wams were sometimes together in towns, 
but mostly moveable, and occasionally fixed near a 
spring or other water, according to the conveniencies for 
hunting, fishing, basket making, or other business of 
that sort and built with poles laid on forked sticks in 

the 



142 



The history 



A. D. 
1681. 



the ground, with bark, flags or bushes on the top and 
sides, with an opening to the south, their fire in the 
middle jSf- at night they slept on the ground with their 
feet towards it ; their cloathing was a coarse blanket or 
skin thrown over the shoulder, which covered to the 
knee, and a piece of the same tied round their legs, 
with part of a deer skin sewed round their feet for shoes ; 
as they had learned to live upon little, they seldom 
expected or wanted to lay up much : A- They were also 
moderate in asking a price for any thing they had for 
sale: When a company travelled together, they gene- 
rally followed each other in silence, scarcely ever two 
were seen by the side of one another; in roads the 
man went before with his bow and arrow, the woman 
after, not uncommonly with a child at her back, and 
other burdens besides ; but when these were too heavy, 
the man assisted. To know their walks again, in un- 
frequented woods, they heaped stones or marked trees. 
In person they were upright, and strait in their 
limbs, beyond the usual proportion in most nations; 
their bodies were strong, but of a strength rather fitted 
to endure hardships than to sustain much bodily labour, 
very seldom crooked or deformed ; their features 
regular ; their countenances sometimes fierce, in com- 
mon rather resembling a jew than christian ; the 
colour of their skin a tawny reddish brown ; the whole 

fashion 

'g. From the years 1300 to 1500, in the towns of France, Ger- 
'many, and England, they had scarce any but thatched houses; 
'and the same might be said of the poorer towns in Italy: And 
' altho' those countries were over-run with woods, they had not as 
*yet learned to guard against the cold, by the means of chimneys, 
'(the kitchen excepted) an invention so useful and ornamental to 
'our modern apartments. The custom then was, for the whole 
' family to sit in the middle of a smoaky hall, round a large stove, 
'the funnel of which passed through the ceiling. Anderson's hist, 
■and chronological deduction of commerce. 

h. Sir William Temple somewhere says, an Indian once put the 
question to a christian, to give him a reason, why he should labour 
hard all his days to make his children idle all theirs? 



Of NEW-JERSEY. 143 

fashion of their lives of a piece ; hardy, poor and A. T>. 
squalid : i- When they began to drink, they commonly 
continued it as long as the means of procuring it 
lasted. In drink they often lay exposed to all the 
inclemencies of weather, which introduced a train of 
new disorders among them ; They were grave, even 
to sadness upon any common, and more so upon 
serious occasions ; observant of those in company, 
and respectful to the old ; of a temper cool and delibe- 
rate ; never in haste to speak, but waited for a certain- 
ty, that the person who spoke before them had finished 
all he had to say: They seemed to hold European 
vivacity in contempt, because they found such a& 
came among them, apt to interrupt each other, and 
frequently speak all together : Their behaviour in 
publick councils, was strictly decent and instructive, 
every one in his turn was heard, according to rank of 
years or wisdom, or services to his country : Not a 
word, a whisper, or a murmur, while any one spoke ; 
no interruption to commend or condemn ; the younger 
sort were totally silent. They got fire by rubbing wood 
of particular sorts, (as the antients did out of the ivy 
and bays) by turning the end of a hard piece upon the 
side of one that was soft and dry ; to forward the heat 
they put dry rotten wood and leaves ; with the help of 
fire and their stone axes, they would fall large trees, and 
afterwards scoop them into bowls, &c. From their 
infancy they were formed with care to endure hard- 
ships, to bear derision, and even blows patiently ; at 
least with a composed countenance : Though they 

were 

i. Uncultivated as these people are, in many of their practices, 
when it is considered how others have refined from circumstances 
equally low and sordid, if not quite so savage; it seems to open a 
door of hope with regard to some of these. If we look into Europe,, 
we shall find that even in their present state, they are not an abso- 
lutely singular character. Via. Higt. of Ireland, by F. Warner^ 
L, L. D. lately published, «&c. 



144 The HISTORY 

A. D. were not easily provoked ; it was generally hard 
to be appeased whenever it happened : Liberty in 
its fullest extent, was their ruling passion ; to this 
every other consideration was subservient; their 
children were traiu'd up so as to cherish this disposition 
to the utmost; they were indulged to a great degree, 
seldom chastised with blows, and rarely chided ; their 
faults were left for their reason and habits of the 
family to correct; they said these could not be great 
before their reason commenced; and they seemed to 
abhor a slavish motive to action, as inconsistent with 
their notions of freedom and independency ; even 
strong persuasion was industriously avoided, as border- 
ing too much on dependence, and a kind of violence 
offered to the will : They dreaded slavery more than 
death : They laid no fines for crimes ; for they had no 
way of exacting them : The attonement was volun- 
tary : Every tribe had particulars in whom they reposed 
a confidence, and unless they did something unworthy 
of it they were held in respect : What were denominated 
kings, were sachems distinguished among these; the 
respect paid them was voluntary, and not exacted or 
looked for, nor the omission regarded : The sachems 
directed in their councils, and had the chief disposition 
of lands. To help their memories in treaties, they 
had belts of black and white wampum ; with these 
closed theif periods in speeches, delivering more or 
less according to the importance of the matter treated 
of; this ceremony omitted, all they said passed for 
nothing : They treasured these belts when delivered 
to them in treaties, kept them as the records of the 
nation, to have recourse to upon future contests; 
governed by customs and not by laws, they greatly 
revered those of their ancestors, and followed them so 
implicitly, that a new thought or action but seldom 
intruded. They long remembered kindnesses, families 

or 



Of new-jersey. 145 

^JT particulars that had laid themselves out to deal A. D. 
with, entertain and treat them hospitably, or even 
fairly in dealings, if no great kindness was received, 
were sure of their trade : This also must undoubtedly 
be allowed, that the original and more uncorrupt, 
very seldom forgot to be grateful, where real benefits 
tad been received. And notwithstanding the stains of 
perfidy and cruelty, which in 1754, and since, have dis- 
graced the Indians on the frontiers of these provinces, 
-even these by an uninterrupted intercourse of seventy 
years, had on many occasions, given irrefragable proofs 
-of liberality of sentiment, hospitality of action, and 
impressions^'- that seemed to promise a continuation of 
better things : But of them enough at present. 

Among 

k. Witness the first reception of the English, the purchases after- 
'wards, their former undeviating candor at treaties in Pennsylvania, 
^nd other incidents. 

Extract of a letter from C. W. Indian interpreter of a neighbouring 
government, to C. S. printer. 

'I write this to give an account of what I have observed amongst 

* the Indians, in relation to their belief and confidence in a divine 
' Being, according to the observations I have made from 1714, in 
^time of my youth, to this day. If by the word religion, people 
' mean an assent to certain creeds, or the observance of a set of reliv 
'gious duties, as appointed prayers, singing, preaching, baptism, &c. 
'or even heathenish worship ; then it may be said, the Five Nations 
' and their neighbours have no religion : but if by religion, we mean 
■^an attraction of the soul to God, whence proceeds a confidence in, 
'and hunger after the knowledge of him; then this people must be 
'allowed to have some religion amongst them, notwithstanding their 
'sometimes savage deportment. For we find amongst them some 

* tracts of a confidence in God alone, and even sometimes (though 
'but seldom) a vocal calling upon him: I shall give one or two 
'instances of this, that fell under my own observation. 

'In the year 1737, I was sent, for the first time, to Onondago, 
'at the desire of the governor of Virginia; I set out the latter end 
'of February, very unexpectedly, for a journey of 500 English 
'miles, through a wilderness where there was neither road nor 

* path, and at such a time of year, when creatures could not be 
'met with for food; there were a Dutchman and three Indians 
'with me. When we were 150 miles on our journey, we came 
'into a narrow valley, about half a mile broad, and thirty long, 
'both sides of which were encompassed with high mountains, on 
"* which the snow lay about three feet deep ; in it ran a stream of 

* water 



146 The HISTORY 

A. D. 

1681. 



A. D. Among a people so immediately necessary to each 

other, where property was little, and the anxiety of 

increasing 



'water, also about three feet deep, which was so crooked that it 
'always extended from one side of the valley to the other; 
' in order to avoid wading so often through the water, we 
'endeavoured to pass along on the slope of the mountain; the 
'snow three feet deep, and so hard froze on the top, that we 
' could walk upon it : We were obliged to make holes in the snow, 
' with our hatchets, that our feet might not slip down the mountain ; 
'and thus we crept on. It happened that the old Indian's foot 
'slipt, and the root of a tree by which he held, breaking, he slid 
' down the mountain as from the roof of an house ; but happily 
'was stopt in his fall, by the string which fastened his pack hitch- 
'ingto the stump of a small tree. The two Indians could not 
'come to his aid, but our Dutch fellow traveller did; and that 
'not without visible danger of his own life: I also could not put 
'a foot forward, till I was help'd ; after which we laid hold of the 
'first opportunity to go down again into tlie valley; which was 
'not till after we laboured' hard lor half an hour, with hands and 
'feet: We had observed a tree that lay di*"ectly off" from where the 
'Indian fell ; and when we were come down into the valley again, 
'we went back about one hundred paces, where we saw, that if 
'the Indian had slip'd four or five paces further, he would 
'have fell over a rock one hundred feet perpendicular, upon craggy 
'pieces of Rocks below. The Indian was astonish'd, and turn'd 
' quite pale, then with out stretched arms and great earnestness, spoke 
' these words, / thank the great lord and governor of this world, in 
' that he has had mercy upon me, and has been willing that I should' 
' live longer ; wiiich words I at that time sat down in my journal: 
'This happened the 25th of March, 1737. 

'The 9th of April following, while we were yet on the journey, 
'I found myself extremely weak, through the fatigue of so long a 
'journey, and the cold and hunger I had suffered ; and there hav- 
'ing fallen a fresh snow of about twenty inches deep, also being yet 
' three days journey from Onondago, in a frightful wilderness; my 
'spirit failed, my body trembled and shook ; I thought I should 
'fall down and die; I step'd, aside, and sat me down under a tree, 
'expecting there to die: My companions soon missed me; the 
'Indians came back, and found me sitting there: I told them ia 
'one word, I would go no furtiier, I would die there. They remained 
'silent a while, at last the old Indian said. My dear companion, thou 

* hast hitherto encouraged us, will thou now quite give upf Remember 
' that evil days are better than good days; for when we suffer much 
'we do not sin; and sin viill be drove out of us by suffering; but 
'good days cause men to sin, and Ood cannot extend his mercy to them; 
'but contrarywise, when it goeth evil with us, Ood hath compassion 
'upon us.' These words made me ashamed; I rose up, and travel- 

* led on as well as I could. 



Of new-jersey. 147 

increasing it less ; the intercourse naturally became A. D. 



free and unfettered with ceremony : Hence every one 
had his eye upon his neighbour; misunderstandings 
and mistakes were easily rectified. No ideas of state 

or 

'The next year I went another journey to Onondago, in com- 

* pany with Joseph Spanhenberg, and two others. It happened 
'that an Indian came to us in the evening, who had neither shoes, 
'stockings, shirt, gun, knife, nor hatchet; in a word, he had 
'nothing but and old torn blanket, and some rags, upon enquiring 
'whither he was going? he answered to Onondago. I knew him, 
'and asked how he could undertake to go a journey of three hun- 
dred miles, so naked and unprovided ; having no provisions, 

*nor any arms to kill creatures, for his sustenance? he answered,, 
'he had been amongst enemies, and had been obliged to save him- 
' self by flight, and so had lost all. This was true in part; for he 
'had disposed of some of his things amongst the Irish, for strong 
'liquors. Upon further talk, he told me very chearfuUy ; that 
' God Jed every thing which had life, even the rattle-snake itself, tho*^ 

* it was a bad creature ; and that God would also provide in auch a 
'manner, that he should come alive to Onondago; he kue'O for crtain 

* that he should go there; that it was visible God ua With the 
' Indians in the wilderness, because th'-y always end thf'r oire upon 
' him ; but that contrary to this, the Europeans always carried bread 
^ with them. He was an Onondago, his name was Anontagketa: 
'The next day we travelled in company; and the day following, 
'I provided him with a knife, hatchet, flint, and tinder, also shoes 
'and stockings, and sent him before me to give notice to the 
'council at Onondago, that I was coming; which he truly per- 
' formed; being got thither three days before us. 

'Two years ago I was sent by the governor to Shamokin, on 
'account of the unhappy death of John Armstrong, the Indian 
'trader: After I had performed my errand, there was a feast pre- 
' pared, to which the governor's messengers were invited: There 
'were about one hundred persons present, to whom (after we had 
'in great silence devoured a fat bear) the eldest of the chiefs made 
' a speech, in which he said, that by a great misfortune, three of 
'their brethren the white men, had been killed by an Indian; that 
'nevertheless the sun was not set, {meaning there was no war) it 
' had been only somewhat darkened by a small cloud, which was now 
' done away ; he that had done evil was like to be punished, and the 
'land to remain in peace; therefore he exorted his people to- 
'thankfulness to God; and thereupon began to sing with an awful 
'solemnity, but without expressing any words; the others accom- 
'panied him with their voices: After they had done, the same 
' Indian, with great earnestness, spoke these words. Thanks, thanks 
'be to thee, thou great lord of the world, in that thou hast again 

* caused the sun to thine, and hast dispersed the dark cloud; the Indiana 
' are thine.' 



1681. 



148 The HISTORY 

A.D. or grandeur; no homage of wealth, office, birth, 
rank or learning ; no pride of house, habit, or furni- 
ture; very little emulations of any kind to interrupt; 
and so much together, they must be friends, as far at 
least, as that term could be properly applied to them ; 
this was general in some of the tribes : Attachments 
of particulars to each other were constant and steady ; 
and in some instances far exceeding what might be 
expected. Companies of them frequently got to- 
gether to feast, dance, and make merry ; this sweetned 
the toils of hunting; excepting these toils, and the 
little action before described, they scarcely knew any : 
A life of dissipation and ease, of uncertainty and 
want, of appetite, satiety, indolence and sleep, seemed 
tx) be the sum of the character, and chief that they 
aim'd at. 

Notwithstanding their government was successive, 
it was, for extraordinary reasons, sometimes ordered 
otherwise ; of'this there is an instance in the old king 
Ockanickon, who dying about this time at Burlington, 
declared himself to this effect : 

' It was my desire, that my brother's son lahkursoe, 
*■ should come to me, and hear my last words ; for him 

* have I appointed king after me. 

' My brother^s son, this day I deliver my heart into 

* your bosom ; and mind me. I would have you love 

* what is good, and keep good company ; refuse 

* what is evil and by all means avoid bad company. 

' Now having delivered my heart into your bosom, 
' I also deliver my bosom to keep my heart in ; be sure 
' always to walk in a good path, and if any Indians 

* should speak evil of Indians or christians, do not join 

* in it, but look at the sun from the rising of it to the 

* setting of the same : In speeches that shall be made 

* between the Indians and the christians, if any wrong 

* or evil thing be spoken, do not join with that ; but 

'join 



Of NEW-JEESEY. 149 

''join with the good : When speeches are made, do not A. D. 
' you speak first ; be silent and let all speak before you, 
^ and take good notice what each man speaks, and 
■' when you have heard all, join to that which is 
' good. 

' Brother's son, I would have you cleanse your ears, 
■' and take all foulness out, that you may hear both 
' good and evil, and then join with the good and 
-' refuse the evil ; and also cleanse your eyes, that you 
■* may see good and evil, and where you see evil, do 

* not join with it, but join to that which is good. 

' Brother's son, you have heard what has passed ; 
' stand up in time of speeches ; stand in my steps, and 
'' follow my speeches ; this do, and what you desire in 
' reason will be granted : Why should you not follow 
' my example ? I have had a mind to be good and do 
'' good, therefore do you the same : Sheoppy and Swam- 
'pis were to be kings in my stead, but understanding 
' by my doctor, that Sheoppy secretly advised him not 
' to cure me, and they both being with me at John 
^ HoUinshead's house, I myself saw by them, that they 
' were given more to drink, than to take notice of my 
^ last words ; for I had a mind to make a speech to 
' them, and to my brethren, the English commission- 
' ers ; therefore I refuse them to be kings after me, and 
^ have now chosen my brother's son lahkursoe in their 

* stead to succeed me. 

' Brother^ s son, I advise you to be plain and fair with 

* all, both Indians and christians, as I have been ; I 
^ am very weak, otherwise I would have spoken more/ 

After the Indian had delivered this counsel to his 
nephew, T. Budd, one of the proprietors, being 
present, took the opportunity to remark, that there 
was a great God, who created all things; that he gave 
man an understanding of what was good and bad ; and 
<ifter this life rewarded the good with blessings, anc' the 

bad 



150 The HISTORY 

A. D. had according to their doinos : He answered, it is veru 

1682 J .J J ^ 

true, it is so ; there are two ways, a broad and a straight 

way ; there are two patlis, a broad and a straight path ; 
the worst and the greatest number go in the broad, the 
best and fewest in the straight path. This king dying 
soon afterwards, was attended to his grave in the Qua- 
kers burial place in Burlington, with solemnity by the 
Indians in their manner, and with great respect by 
many of the English settlers ; to whom he had been a 
sure friend. 



CHAP. IX. 

Another ship arrives at West- Jersey : Proceedings of the 
general assembly of West Jersey : Sir George Carteret's 
death : Conveyance to the twelve eastern proprietors : 
Their proposals and regulations in several respects; 
particularly in disposing of lands and building a town 
at Ambo Point: The twelve proprietors each take a 
partner, and thence are called the twenty -four ; to 
whom the D. of York makes a third and last grant : 
The twenty-four establish the council of proprietors of 
East Jersey, on the footing it now is : A general view 
of the improveraents in East- Jersey, in 1682 : A com- 
pendium of some of the first laws passed at Elizabeth- 
Town : Doubts started ichether the government of 
West Jersey was granted with the soil : Jenings 
continued governor of West Jersey; and laws now 
passed there. 

A large T N the year 1682, a large ship of 550 tuns burthen 

passeiTgers ^ arrived at West Jersey, which got a-ground in 

to West- Delaware bay; where, after laying eight days, by a 

favourable wind and tide, got oflF; and coming up the 

river, landed her passengers, being three hundred and 

sixty 



Of NEW-JEESEY. 151 

sixty in number, between Philadelphia and Burlington A. p. 
on the Jersey shore : Their provisions being nigh gone, 
they sent ten miles to an Indian town near Rankokus 
creek, for Indian corn and pease : The king of this 
tribe being then there, treated them kindly, and 
directed such Indians as had provisions, to bring it in 
next morning, who accordingly brought plenty; 
which being delivered and put in bags, the messengers 
took leave of the king; who kindly ordered some of 
the Indians to carry their bags for them to their canoes. 

The assembly of West-Jersey having, at their last Meetings 
sitting, adjourn'd to the first of second month this year, -West-Jer- 
met; but not being a full house, they adjourned to the fey Assem- 
fourteenth, and then dissolved themselves without doing 
any business : Another being called, sat from the second 
to the eleventh of the first month following ; the mem- 
bers returned by the sheriiF for the respective tenths, to 
serve in this assembly, were, Thomas Olive, speaker, 
Mahlon Stacy, Joshua Wright, John Lambert, Tho- 
mas Lambert, William Emley, Godfrey Hancock, 
Daniel Leeds, Thomas Wright, Samuel Borden, Robert 
Stacy, Thomas Budd, Daniel Wills, sen. Thomas 
Oardiner, John Crips, John White, John Chaffin, Ber- 
nard Davenish, Isaac Marriott, William Peachy, Wil- 
liam Cooper, Mark Newby, Thomas Thackery, Robert 
Zane, James Nevil, Richard Guy, Mark Reeves, 
Richard Hancock, John Smith, John Pledger, Ed- 
ward Wade, George Deacon, and Samuel Hedge: 
Hitherto the members had been chosen by the electors 
from all the tenths indiscriminately ; but this assembly 
declared it their judgment, and the judgment of those 
they represented, that the most regular method for 
preserving the liberty and property of the people by a 
free assembly, was, that such of the ten proprieties, 
as were now peopled, should each chuse ten representa- 
tives (and the others also as they became peopleu' and 

resolving, 



2 The HISTORY 

A. D. resolving, that twenty-four, the speaker one, should! 
make the quorum, they chose the council, justices^ 
commissioners for laying out land, and other officers.^- 

This done, the governor, council and assembly, 
passed sundry laws ; some of which were in substance, 
that each of the ten proprietors should have liberty to 
sell as far as five hundred acres of land, within their 
respective tenths, or take such other expedient as they 
should judge fit, for defraying publick charges, for 
the tenths respectively ; to which purpose, Mahlon 
Stacy and Thomas Lambert Avere appointed within 
the first or Yorkshire tenth ; Thomas Budd and Tho- 
mas Gardiner, for the second or London tenth ; Wil- 
liam Cooper and Mark Newby for the third or Irish 
tenth, and Samuel Jenings and Thomas Budd, within 
the remaining six tenths :'"• That the three pounds fine^ 
formerly imposed on such as sold rum or other strong 

liquor 

I. Tliose now chosen were, 
Councellors. Thomas Olive, Robert Stacy, Mahlon Stacy, William. 
Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel 
Wills, Mark Newby, Elias Farre. 
Justices for Burlington. William Biddle, Robert Stacy, Elias Farre,. 
Mahlon Stacy, John Chaffin, Thomas Budd, Benjamin Scott, 
John Cripps, Thomas Thackery. 
For Sale7n. James Nevill, George Deacon, Richard Hancock, 
Edward Wade. 
Commissioners. Elias Farre, William Biddle, Thomas Budd, Tho- 
mas Gardiner, Mark Newby, James Nevill, Thomas Olive,. 
Robert Stacy, Benjamin Scott, William Cooper. 
Sheriff for Burlington. .John White. 

For Salem. Thomas Woodruft'e. 
Provincial clerk and recorder, for Burlington. Thomas Revel. 
For Salem. Samuel Hedge. 
Surveyor. Daniel Leeds. 
Constables for Yorkshire tenth. Robert Schooley, John Pancoast. 
For London tenth. John Bourten, William Brightwen. 
For the third tenth. Thomas Sharp. 

m. As for J. Fenwick, who own'd the other tenth, they eeera 
here to have left him to his own concerns. 



Of new-jersey. I53 

liquor to the Indians, should go one half to the A. D. 
informer, the other to the publick stock, where ' 

the offence was given ; and that every foreigner 
offending herein, should forfeit five pounds, to be 
disposed of in like manner : — That for the more con- 
venient payment of small sums of money, INIark 
Newby's coppers, called Patrick's half-pence,"- should 
pass as half-pence current pay ; provided he gave secu- 
rity to the speaker, for the use of the general assembly 
for the time being, that he, his executors and admi- 
strators would change them on demand, and provided 
none were obliged to take more than five shillings -in 
one payment: — That for preventing clandestine and 
unlawful marriages, justices should have power to 
solemnize them, the parties having first published their 
intentions fourteen days in some publick place ap- 
pointed for that purpose; any justice presuming to 
marry without the consent or knowledge of parents or 
trustees (if such consent could be reasonably obtained) 
was to be fined at the discretion of the general assembly ; 
of which marriage the register was to make publick 
entry of the day it was solemnized ; the births of chil- 
dren, and decease of all persons, were also to be entered 
in the publick register of the respective tenths : and for 
preventing differences between masters and servants^ 
where no covenants were made, all servants were ta 
have, at the expiration of their service, according to 
the custom of the country, ten bushels of corn, neces- 
sary apparel, two hoes and an ax : — That all servants 
of full age, coming into the province without inden- 
tures, or other agreements, should serve four years, 
from the ships entry, (to take which entries custom 
house officers were before appointed) and that all under 
the age of one and twenty years, who came without 

indentures 

n. These were Irish half-pence, a parcel of which Newby had 
brought in with him. 



1682, 



154 The HISTORY 

A.D. 

indentures, should within three months after arrival, 
be brought to the court, in the district where the party 
resided ; which court was to appoint the time of servi- 
tude : — That for preventing deceits, lands should pay- 
debts, where personal estates were insufficient: — That 
for encouragement of building a saw-mill, one thou- 
sand acres should be sold to William Frampton, to 
accomodate him with land for that purpose ; and more 
as the governor and commissioners should judge con- 
venient : — That for better settling and confirmation of 
lands, six of the commissioners, with the governor, 
should (where there was occasion) make an inspection 
into such as were or should be taken up ; that on finding 
these legally located, they might after publick notice in 
the court, and no just reason to the contrary, confirm 
the same at the next court : — That there should be four 
courts of session held at Burlington and Salem yearly : 

That the twenty pounds formerly granted the 

governor, the five pounds to the speaker, and the five 
pounds to the clerk, should be raised by tax; nine 
pounds -six shillings and eight pence by the Yorkshire, 
London and Salem tenths each, and forty shillings by 
the third tenth ; the whole, being thirty pounds, was 
to be delivered to Thomas Budd and Thomas Gardiner, 
in skins, corn or money ; and the remainder of the 
two hundred pounds, formerly directed to be raised to 
defray the charges of government, to be a debt due 
from the other proprieties. 

The Representatives of West-Jersey continued to be 
annually chosen, 'till the surrender of the proprietary 
government, in 1702.o- The council (who were 

justices 

0. In 1699, a law passed for reducing the number of represen- 
tatives to ten for each of the counties of Burlin]B;ton and Gloucester, 
£ve for Salem, and three for Cape May ; but this occasioning dissa- 
tisfaction, was repealed, and the number enlarged as formerly, viz. 
Burlington, 20. Salem, 10. Gloucester, 20. Cape May, 5. 



Of NEW-JERSEY. 165 

justices ex officio) justices of peace, and inferior A. D. 
officers of government, were chosen by them; the 
governor was appointed by the proprietors, who 
governed them by a deputy, till the succeeding year ; 
when the assembly understanding, that Byllinge, for 
some selfish reasons, inclined to turn Jenings out, 
who had hitherto been deputy governor, to the general 
satisfaction of the governed ; they undertook, by 
their choice, to continue him governor of the pro- 
vince, pretending a right to do this, because in the 
constitutions, power was given to six parts in seven 
of the assembly, to make such alterations for the 
public good, (the laws of liberty of conscience, of 
property, of yearly assemblies, of juries, and of evi- 
dence, excepted) as they found necessary ; and that 
no advantage might be taken of such judicial proceed- 
ings, as had not been exactly agreeable to the con- 
cessions, they confirmed and ratified them all. 

About this time, the settlers in many parts were di- -D'stress'd 
stressed for food ; several got the chief of what they 
eat by the gun ; which, as powder and shot were some- 
times very scarce, was at best a precarious supply .p- 

Sir 

p. Instances of their wants are man)% and the supplies sometimes 
unexpected; the family of John Hollinshead, who lived near Ran- 
kokas, being unprovided with powder and shot, were in distress, 
when Hollinshead the younger, then a lad about 13, going through 
a corn field, saw a turkey ; throwing a stick to kill it, a second came 
in sight; he kill'd botii, and carried them home: Soon after, at the 
house of Thomas Eves, he saw a buck; and telling Eves, he set 
Jiis dogs, who followed it to Rankokas river, then frozen; the 
■buck running on the ice, slid upon his side; the dogs seized it; 
Hollinshead coming up with a knife, eagerly jumped upon it; 
the buck rose with him on his back and sprung forward, his feet 
spreading asunder, slip'd gently down on his belly, and gave Hol- 
linshead a respite from danger, and opportunity of killing him: 
By these means two families were supplied with food to their great 
joy. These, and such like instances, in a new settled country, 
show, with the distress, the relief that sometimes unexpectedly 
attends it. 



156 



The history 



A. D. 

1682. 



Proposals 
of the 12 
proprie- 
tors. 



they take 
12 part- 
ners. 



Sir George Carteret, sole proprietor of East-Jersey^ 
dying in 1679, by will, ordered that province to be 
sold, to pay his debts ; which was done accordingly,?- 
by his widow and executors, by indenture of lease and 
release, bearing date the \st and 2d of February, 
1681 — 2, to William Penn, Robert West, Thomas- 
Rudyard, Samuel Groome, Thomas Hart, Richard 
Mew, Thomas Wilcox, of London, gold-smith, 
Ambrose Rigg, John Haywood, Hugh Hartshorne, 
Clement Plumsted, and Thomas Cooper, their heirs 
and assigns; who were thence called the twelve pro- 
prietors : They being together so seized, in this year 
published an account of their country, a fresh project 
for a town, and method of disposing of their lands.''- 

Their plan was popular, and took much, especially 
among the Scotch, of whom many had already arrived : 
In this and some of the immediately succeeding years, 
came many more : Among them was George Keith, 
who some time after became surveyor general, and was 
accounted very skilful in the business. 

The twelve proprietors did not long hold the pro- 
vince to themselves, but by particular deeds, took 
each a partner; their names were, James Earl of 
Perth, John Drummond, Robert Barclay, Robert 
Gordon, Aarent Sonmans, Gawen Lawrie, Edward 
Byllinge, James Braine, William Gibson, Thomas 
Barker, Robert Turner, and Thomas Warne; these 

with 



q. His will is dated December 5, 1678, he devises to Edward 
earl of Sandwich, John earl of Bath, Bernard Grenville, sir 
Thomas Crew, sir Robert Atkins, and Edward Atkins, esq ; and 
their heirs, among other lands, all his plantation of New-Jersey, 
upon trust and confidence that they, and the survivors and survivor of 
them, and the heirs and executors of the survivor of them, should 
make sale of all the said premises ; and out of the money that should, 
upon such sale arise, pay and discharge debts, &c. as therein men- 
tioned. 



r. Vid. Appendix. Numb. iii. 



Op NEW-JERSEY. 157 

with the other twelve, are since called the twerdv-four A. D. 
proprietors : To them the duke of York made a fresh 
grant of East-New- Jersey, bearing date the lAth of 
March, 1682. s. 

This was the duke's third and last grant of East- 
Jersey ;*• soon after which, the twenty-four proprietors, 
by an instrument under most of their hands, established 
a council of proprietors ; and gave them power to ap- East- Jer- 
point, oversee, and displace all officers necessary for ^ii of pro- 
the management of their property ; to take care of all pnetors. 
lands belonging to the general proprietors ; to demise 
them for terms of years, and to appoint dividends 
thereof; to examine the rights of the particular pro- 
prietors who demanded their shares of those dividends, 
and to grant warrants to the surveyor general (whom 
they chuse themselves) for the appropriating the quan- 
tity of acres due to such share ; to sue trespassers upon 
the general proprietors land ; and in general, to manage 
the affairs, which relate to the said general proprietors : 
This council always to consist of at least one third of 
the general proprietors, or their proxies ; and to have 
two general meetings yearly, at Perth-Amboy ; which 
were held immediately after the supreme courts there, Time of 
but lately altered to the first Tuesday in April, and meeting. 
second in September. In this manner have the lands in 
East-Jersey been disposed : Since the purchase of the 
twenty-four, the constitution as well as the management 
continues the same. 

The province of East New-Jersey being now well 
settled for the time ; its situation reduced to a general 
view, from the accounts then published by secretary 
Nicolls of New- York, appears to be thus : 

Shrewsbury, 

s. The grants being already in the hands of the publick, were 
not thought necessary to be reprinted here : See grants, conces- 
sions, &c. published by A. Learning, and J. Spicer. 

t. More full and express than any that went before. 



158 



The history 



A.D. 
1682. 

Shrews- 
burj. 



Middle- 
town. 



Wood- 
bridge. 



Shrewsbury, near Sandy-Hook, adjoining the river 
or creek of that name, was already a township, con- 
sisting of several thousand acres, with large plantations 
contiguous; the inhabitants were computed to be 
about 400. Lewis Morris, of Barbadoes, had iron 
works and other considerable improvements here. 

Middletown was supposed to consist of 100 families ; 
several thousand acres allotted for the town, and many 
thousands for the several out plantations: John 
Bowne, Richard Hartshorne, and Nicholas Davis, 
had each well improved settlements here ; a court of 
sessions was held twice or thrice a year, for Middletown 
and Piscataway, and their jurisdictions : Several plan- 
tations were settled on the north side of Rariton river, 
below Piscataway; several also higher up Rariton, 
and about the Falls ; among which John Palmer, of 
Staten-Island, Thomas Codrington, John Robinson, 
White and company, and Edsal and company, of 
New- York, and capt. Corsen, had settlements: Some 
land was likewise located by Millstone river, up Rari- 
ton, supposed to be near the division line. 

Woodbridge had several improved plantations in 
it, and the country round; Delaplairs, the surveyor 
general, was one of the settlers here : This town 
claimed more privileges than others ; was incorporated 
by charter, and had erected a court house and prison 
(such as they were.) There were here about one hun- 
dred and twenty families ;"• a large quantity of land in 
the town, and for the plantations round, many thousand 
acres; of which plantations there were several on the 
north side of the river that divides Elizabeth-Town 
and Woodbridge. At 

u. From several erroneous computations, first published in 
Nicolls's account, but here omitted, there may be some reason 
to doubt otliers : what is here left, appeared probable ; but if 
there should be thought any mistakes in names, number or situation ; 
it must be remembered, that it is given only as Nicolls's account of 
this year. 



Of new-jersey. 169 

At the entrance of the ci'eek, on the north side, A. D 



called Carteret's Point, north of Staten-Island, were 
other plantations, from Elizabeth-Town to the bounds 
of New- York : Within Elizabeth-Town claim, was 
a settlement in partnership between the proprietor 
Capteret, and governor P. Carteret; the latter had 
built a house and resided here ; the town was supposed 
to consist of one hundred and fifty families. 

On the north of Milford or Newark river,a;. is a large 
tract belonging to Kingsland and Sanfoord : Higher 
up the river, another to capt. Berrie ; who dividing it, 
several plantations were soon settled on it : Still further 
up the river, an island belonging to Christopher Hoog- 
land, of Newark ; above that again, was a large tract 
owned by Jacques Cartelayne, and partners; who» 
now made some settlement: These tracts were within 
the jurisdiction of Newark. Newark was then said 
to be a compact town, consisting of about one hundred 
families. 

Near the mouth of the bay, upon the side of Over- 
prook creek, adjacent to Hackinsack river, several of 
the rich valleys were then settled by the Dutch ; and 
near Snakehill was a fine plantation, owned by Pin- 
horn and Eickbe ; for half of which, Pinhorne is said 
to have paid 500^. There were other settlements on 
Hackinsack river; and on a creek near it, Sarah 
Kiersted of New- York, had a tract given her by an 
old Indian sachem, for services in interpreting 
between the Indians and Dutch, on which several 
families were settled : John Berrie had a large planta- 
tion, two or three miles above, where he then lived, 
and had considerable improvements ; as had also near 
him, his son in law Smith, and one Baker from Barba- 
dos : On the west side of the creek, opposite to Berrie, 

were 

X. Second Kiver. 



1682. 



160 The HISTOEY 

A. D. were other plantations : but none more northerly. 
There was a considerable settlement on Bergen point, 
then called Constable Hook, and first improved by 
Edsall, in NicoUs's time. Other small plantations 
were improved along Bergen neck, to the east, be- 
tween the point and a little village of twenty families : 
Further along lived sixteen or eighteen families ; and 
opposite New- York, about forty families were seated ; 
southward from this, a few families settled together 
at a place called the Duke's Farm ; and further up 
the country, was a place called Hobuck, formerly 
own'd by a Dutch merchant, who, in the Indian 
wars with the Dutch, had his wife, children and ser- 
vants murdered by the Indians, and his house and 
stock destroyed by them ;!/• but it was now settled 
again, and a mill erected there : Along the river side, 
to the north, were lands settled by William Lawrence, 
Samuel Edsal and capt. Beinfield ; and at Haversham, 
near the High Lands, governor Carteret had taken up 
two large tracts ; one for himself, the other for An- 
drew Campyne and company ; which were now but 
little improved : The plantations on both sides of the 
Neck, to its utmost extent, as also those at Hackinsack, 
were under the jurisdiction of Bergen town, situate 
about the middle of the Neck ; where was a court held 
by select men or overseers, consisting of four or more 
in number, as the people thought best, chose annually 
to try small causes, as had been the practice in all the 
rest of the towns at first : Two courts of sessions were 
held here yearly, from which, if the cause exceeded 
twenty pounds, the party might appeal to the gdVernor, 
•council and court of deputies or assembly. 

Bergen 

y. That there were snch wars or skirmishes between the Dutch and 
Indians, we see is confirmed by concurring accounts: See before a 
mote, p. 24, &c. and p. 64, 65. 



Of NEW- JERSEY. 161 

Bergen a compact town, had been fortified against A. D. 
the Indians, contained about seventy families ; its inha- p 
bitants chiefly Dutch, some of whom had been settled 
there upwards of forty years. Upon the whole there 
were at this time supposed to be about seven hundred 
families settled in the towns of East- Jersey ; which, 
reckoning five to a family, were three thousand and five 
hundred inhabitants ; besides the out plantations, which 
were thought to contain half as many more, though 
these could not be so well guessed at. 

P. Carteret continued governor of East-Jersey after 
the quinty partite division, till about the year 1681.2- 
His council in 1668, consisted of six, viz. 

Nicholas Verlet, Robert Bond, Robert Vanquellin, 

Daniel Pierce, Samuel Edsall, William Pardon. 

The assembly then consisted of twelve; the first 
members were, 

Casper Steenmets, Baltazar Bayard, for Bergen. 
John Ogden, sen. John Brackett, for Elizabeth-Town. 
Robert Treat, Samuel Swarne, for Newark. 
John Bishop, Robert Dennis, for Woodbridge. 
James Grover, John Bound, for Middletown. 
The same for Shrewsbury. 

The sessions were mostly held at Elizabeth-Town, 
but sometimes at Woodbridge, and once or more at 
Middletown and Piscataway ; Some of the first laws 
as published by the legislature at Elizbeth-Town, 
were in substance : That persons resisting authority, 
should be punished at the discretion of the court: — 

That 

z. His salary was generally 50 I. a year, paid in country pro- 
duce, at prices fixed by law, and sometimes four shillings a day 
besides, to defray his charges while a session was held ; the wages of 
the council and assembly during their sitting in legislation, was, to 
each member three shillings a day : The rates for publick charges 
"were levied at two shillings per head for every male above fourteen 
years old. 

li 



162 The HISTORY 

A. D. That men from 16 to 60 years of age, should provide 
themselves with arms, on penalty of one shilling for 
the first week's neglect, and two for every week after r 

That for burglary or high-way robbery, the first 

oflPence, burning in the hand, the second, in the fore- 
head, in both, to make restitution ; and for the third 

offence, death: For stealing, the first offence, treble 

restitution, and the like for the second and third offence^ 
with such increase of punishment, as the court saw 
cause, even to death, if the party appeared incorrigi- 
ble; but if not, and unable to make restitution, they 
were to be sold for satisfaction, or to receive corporal 

punishment : That conspiracies or attacks upon 

towns or forts, should be death: That undutiful 

children, smiting or cursing their father or mother, 
except provok'd thereunto for self-preservation, upon 
complaint of, and proof from their parents or either 
of them, should be punished with death: — That in 
case of adultery, the party to be divorc'd, corporally 
punished or banished, or either, or all of them, as 
the court should judge proper : That for night- 
walking and revelling after the hour of nine, the 
parties to be secured by the constable or other officer 
till morning, and then not giving a satisfactory account 
to the magistrate, to be bound over to the next court, 
and there receive such punishment as should be inflic- 
ted : That the meeting of the assembly should be 

always on the first Tuesday in November, yearly, and 
oftner, if the governor and council thought necessary ; 
and that they should fix the governor's salary ; the 
deputies of each town to be chosen on the first of 
January, according to the concessions ; any deputy 
absenting himself at such times, was to be fined forty 

shillings for every day's absence : That thirty pounds 

should be levied for provincial charges, i. e. 5 I. to be 
paid by^each town, in winter wheat at five shillings a 

bushel 



Of NEW-JERSEY. 163 

bushel, summer wheat at four and six pence, pease at A. D. 
three shillings and six pence, Indian corn at three 
shillings, rie at four shillings, barley at four shillings, 
beef at two pence half-penny per pound, and pork at 

three pence half-penny : That no son, daughter, maid 

or servant, should marry without the consent of his or 
their parents, masters or overseers, without being three 
times published in some publick meeting or kirk, near 
the party's abode, or notice being set up in writing at 
some publick house near where they lived, for fourteen 
days before ; then to be solemnized by some approved 
minister, justice or chief officer; who, on penalty of 
twenty pounds, and to be put out of office, were to- 

marry none who had not followed those directions : 

That fornication should be punished at the discretion of 
the court, by marriage, fine or corj.)t>ral punishment;, 
and that no life should be taken but by virtue ')i isome 
law, and the proof of two or three \vitn< sses. 

There being doubts started, whether the government 

of West New-Jersey, had been granted with the Donbt ts 

soil, and reports industriously spread up and down vemn.ent 

the province, as well as in England, to the pre- °J West- 

. ., 1111 Jersey. 

judice of the possessors title, as they thought; the 

assembly in the spring, this year, thought it their 
business to obviate this, and other points, by unani- 
mously resolving, as to the first, 'That the land 
' and government of West New-Jersey, were pur- 
' chased together : ' And that as to the question, 
' Whether the concessions agreed upon by the pro- 

* prietors and people, and subscribed in London and 

* West-Jersey, were agreed upon to be the funda- 
' mentals and ground of the government of West- 
' New-Jersey, or not ? Resolved in the affirmative, 
' nemine contradicente : only John Fenwick excepted 
' his tenth ; which he said at that time was not under 

'the 



164 The HISTORY 

A. D. ' the same circumstances ; but now freely consenteth 
* thereto.^- 

Jenings was at this assembly chosen governor, as 

hinted before,^- having hitherto acted as Byllings's 

deputy : The commissioners and other officers of 

Jenings. government, being also chosen, they severally took 

their qualifications ;c- and having agreed, that the 

governor 

o. Proprietary records, secretary's office, Burlington. 

b. He had for salary this year a right to take up six hundred 
acres of laud above the Falls. 

c. Respectively asfoUows. 
I Samuel Jenings, being elected governor of the province of 
West-Jersey, by the general free assembly thereof, sitting at Bur- 
lington, the eleventh day of the third month, in the year 1683, 
do freely and faithfully promise (according to the best of my ability) 
to act in that capacity according to the laws, concessions, and con- 
stitutions, as they are now established in the said province. 

Samuel Jenings, Governor. 

The engagement and promise of the council elected by the assembly. 
We underwritten being elected and chosen by the general free 
assembly, members of council, to advise and assist the governor in 
managing the affairs of the government, do solemnly promise every 
one for himself, that we will give our diligent attendance from 
time to time, and him advise and assist to the best of our skill and 
knowledge, according to the laws, concessions, and constitutions of 
this province; and do further promise not to reveal or disclose any 
secret of council, or any business therein transacted, to the prejudice 
of the public. Witness our hands the 15th day of the third month, 
Anno 1683. 

Thomas Budd, Thomas Gardiner, 

John Skeen, Henry Stacy, 

John Gosling, James Nevill, 

Thomas Olive, Elias Farre. 

William Biddle, 

The engagement and promise of the commissioners, justices, and other 
•officers, elected as aforesaid. 

We whose names are hereunderwritten, being by the general 
free assembly, chosen to officiate in our several trusts, commissions 
and offices for the year ensuing; do hereby solemnly promise, that 
■we will truly and faithfully discharge our respective trusts, according 
to the laws,' concessions and constitutions of the said province, in 
our respective offices and duties, and do equal justice and right to 
all men, according to our best skill and judgment, without corrup- 
tion, 



Jer.sev law. 



Of NEW-JERSEY 165 

governor should be chairman, or speaker ; that he A. D. 
should sit as a member with them, and they together 
with the council ; and that the chairman should have 
a, double vote ; passed sundry laws, among which was 
the following. 

' And whereas it hath pleased God, to commit this A West- 
country and province into the hands of such who 
(for the generality of them) are fearing God, and 
painful and industrious in the promoting and im- 
proving the said province ; and for the better prevent- 
ing of such as are profane, loose and idle, and 
scandalous, from settling amongst us, who are, and 
will be, not only unserviceable, but greatly burthen- 
some to the province : It is therefore hereby enacted 
by the authority aforesaid, that all person and persons, 
who shall transport him or themselves into this pro- 
vince, shall, within eighteen months after he or they 
shall arrive in the said province, procure and produce 
a certificate, under the hands of such of that religious 
society to whom he or they did belong, or other- 
wise from two magistrates (if procurable) or two 
constables or overseers of the poor, with three or 
more creditable persons of the neighbourhood, who 
inhabit or belong to the place where he or they did 
last reside, as may give satisfaction (that is to say) 
that he or they came not clandestinely or fraudently 
away; and if unmarried, that he or she are clear 
from former engagements in that particular ; and 
also, that he or she are such as live soberly and honestly, 
to the best of their knowledge; and that no justice 

shall 

tion, favour or affection. Witness our hands this 15th of the 

third month, 1683. 

Justices. Thomas Olive, Richard Guy, Andrew Wade, Andrew 

Thompson. 
Commissioners. William Biddle, John Gosling, John Skeen, Mah- 

lon Stacy, Thomas Olive, James Nevill, Francis Collins, 

Thomas Budd, Thomas Gardiner, Mark Newby. 
Recorder. Thomas Revell. 
■Sheriff. Benjamin Wheat. 
Surveyor. Daniel Leeds. 



166 



The history 



A. D. 

1683. 



* shall presume to marry any such person or persons^ 
' who shall come into this province, before such certiii- 
' cate be produced ; or that it be laid before the gover- 
' nor or two justices, and give them sufficient satis- 

* faction concerning their clearness ; and that all sucb 
' person and persons who shall settle in the said province, 

* and shall refuse or neglect to produce such certificate 

* as aforesaid, within the said eighteen months, shall 

* be fined at the discretion of the governor and council 
' of the said province, not exceeding twenty pounds ; 
' the same to be lev^'ed by distress and sale on the 

* offender's goods, and to be paid into the hands of 

* the treasurer of the said province/ 



1683. 



Robert 
Barclay 
governor. 



CHAP. X. 

Robert Barclay appointed governor of East-Jersey ; and 
T. Rudyard deputy: Letters from Rudyard, S. Groome, 
Lawrie and others, concerned in that settlement. 

WE have seen that the Scotch had a considerable 
share in the settlement of East-Jersey, many of 
them and a number that arrived afterwards, fixed about 
Amboy, and up Rariton : The twelve proprietors ap- 
pointed Robert Barclay, (author of the apology) 
governor for life -d- and Thomas Rudyard, (a lawyer 

or 

d. His commission. 

'The proprietors of the province of Kast^ New- Jersey. To our 
'trusty and well beloved fellow proprietor, Robert Barclay^ 
'sendeth greeting;: 
'Whereas the powers of government of the province of East- 
New-Jersey, is devolv'd upon us, and assigned to us, by Jamea 
duke of York, with power to constitute and appoint such governor 
and commissioners, for the well governing of the said province, 
as we shall see meet; anel we having heretofore, out of the confi- 
dence we had of Robert Barclay, his skill, prudence and integrity, 
constituted and appointed him governor of the said province, to 
appoint a deputy during^ his absence therefrom, to be approvedl 

'by 



Of new-jersey. 167 

•or attorney in London, noted for his assistance at the trial A. D. 

of Penn and Meade-) deputy governor; wliich last 

arrived at his government, the I'^tter end of last, or 

beginning of this year : His account of the country 

soon after his arrival, may not be unacceptable. 

' East-Jersey, the 30tli of the 3d month 
' Dear B. G. 'called May, 1683. 

' To be as particular in my turn, were but thy 

' due ; yet I cannot promise so much ; however I may 

*give thee some general account of the province, and 

' of our satisfaction with our ])resent lot, the short 

^ time I have experenced this : But to give thee also, 

^ as thou desires, a character of Pennsylvania, and 

^ West-Jersey, that will be a task I must be excused to 

' undertake 

'by sixteen of the proprietors: Upon the same reason and confi- 
' dence, we do hereby confirm to him the government of the said 
' province, during all the days of his life ; as to have the power of 
'the government of all the said province, and of all isles, rivers, 
'islands and seas within the same, or belonging thereto ; to do all 
'and every thing or things, which to the charge and office of a 
'governor ' doth appertain; commanding all inferior officers to 
' obey him as their governor, according to this our commission, and 
'the powers hereby given him, and according to the laws and 
* constitutions made or confirmed by us, or to be made; which he 
'himself is to observe and follow; as unto his duty and office doth 
' appertain. And whereas we have agreed, and are satisfied, for 
' certain good reasons and considerations moving us thereunto, to 
'commit this trust unto him, and to give him this character, 
'without laying any necessity upon him to repair to the said pro- 
'vince; so likewise we have, and do hereby give him power, from 
'time to time as need shall be, during his absence, to name and 
'constitutes and grajit commission, to a deputy governor to starve in 
'the said province; he being always approved by sixteen of us the 
' proprietors, and following the orders he receives from us, accord- 
' ing to the laws and constitutions of the said province. 

' Given under the seal of the said province, and signed by our 
'hands; dated at London, the 17th of the fifth month called 
'July, in the year of our lord, according to the English account, 
'1683. > S s . 

E. Barclay died the third of October, 1690, and had continued 
governor till 1685, when lord Neil Campbell, uncle to the D. of 
Argyle, was appointed governor, and came over hither, — In 
.1698, sir Thomas Lane was governor of East-Jersey. 

A Vid. the trial, and Sewel's hist. p. 504. 



The history 



' undertake, lest I give offence, or at least bring me- 

* under censure as partial : Were I not concerned in 
' any of the provinces, I might satisfy thy curiosity • 
' but being chiefly interested in this, I'll be very cau- 

* tious meddling with my neighbours, more than here, 
' one with another ; so I may use my freedom with my 

* neighbours, which they take not ill, but not write 
' what may be taken otherways. They lie so near 

* adjacent, that they may be said in a sense, to be but 
' one country ; and what's said for one, in general may 
' serve for all. I have been at Burlington, and at 
'Pennsylvania, as far as Philadelphia; which lies 
' about twenty miles below Burlington : That journey 
' by land, gave me some view of all the provinces ; 
' and made me considerably to estimate this of East- 
' Jersey, having some conveniencies esteemed by 

* me, which the others are not so plentifully furnished 
' withal, viz. fresh and salt meadows, which now are- 
' very valuable ; and no man here will take up a tract 
' of land without them, being the support of their 

* stock in winter ; which other parts must supply by 

* store, and taking more care for English grass : But5 

* know, where salt marshes are not, there is no mus- 

* ketoes, and that manner of land the more health ;: 

* and this was often answered me, when I have been 
' making comparisons. I must tell thee, their character 
' in print, by all that reads it here, is said to be modesty 

* and much more might have been said in it's com- 

* mendation : We have one thing more particular tO' 

* us, which the others want also, which is vast oyster 
' banks, which is constant fresh victuals, during the 

* winter, to English, as well as Indians ; of these 
' there are many all along our coasts, from the sea^ 
' as high as against New- York, whence they come to 
' fetch them ; so we are supplied with salt fish at our 
' doors, or within half a tide's passage ; and fresh fish 
' in abundance, in every little brook, as pearch, trout^ 
' eels, &c. which we catch at our doors. Provisions 

* here are very plentiful, and people generally well 

* stocked with cattle : New- York and Burlington have 

' hitherto 



Of NEW-JERSEY. U^ 

* hitherto been their market ; few or no trading men A. D. 
^ being here in this province : I believe it hath been ^^^^' 
' very unhappy heretofore, under an ill managed 

' government ; and most of the people are such who 
' have been invited from the adjacent colonies, by the 
' goodness of it's soil, and convenient situation : At 
' Amboy we are now building some small houses, of 
' 30 feet long, and 18 feet broad; fitting to entertain 
' workmen, and such who will go and build larger : 
' The stones lie exceeding well and good, up the Rari- 
' ton river a tide's passage; and oyster shells upon the 

* point, to make lime withal ; which will wonderfully 
' accomodate us in building good houses cheap, warm 
' for winter, and cool for summer; and durable cover- 
' ing for houses are shingles, oak, chesnut, and cedar ; 
' we have plentiful here of all ; the last endures a man's 
' life, if he lives to be old : There is five or six saw- 
' mills going up here this spring ; two at work already, 
'which abates the price of boards half in half; and 
' all other timber for building ; for altho' timber costs 
' nothing, yet workmanship by hand, was London 

* price, or near upon it, and sometimes more ; which 

* these mills abate ; we buy oak and chesnut boards no 
' cheaper than last year : My habitation with Samuel 
' Groome, is at Elizabeth-Town, and here we came 
' first ; it lies on a fresh small river ; with a tide ships 
' of 30 or 40 tuns^ come before our doors. Through- 
' out this town is good English grass, and bears a very 

* good burthen : We cannot call our habitations soli- 
' tary ; for what with the publick employ, I have little 

* less company at my house daily, than I had in George 
' Yard ; altho' not so many passes by my doors : The 
' people are generally a sober professing people, wise 
' in their generation, courteous in their behaviour, and 
' respectful to us in office among them : As for the 
' temperature of the air, it is wonderfully situated to 

* the humours of mankind ; the wind and weather 
' rarely holding in one point, or one kind, for ten days 
' together ; it is a rare thing for a vessel to be wind 

* bound for a week together, the wind seldom holding 

'in 



170 



The history 



' in a point more than 48 hours ; and in a short time 

* we have wet and dry, warm and cold weather ; which 

* changes, we often desire in England, and look for 

* before they come ; yet this variation creates not cold, 
' nor have we the tenth part of the colds we have in 
' England : I never had any since I came ; and in the 
' midst of winter and frosts, could endure it with less 

* cloaths than in England ; for generally I go with 
' the same cloaths I used to wear in summer with you ; 
' but warm cloaths hurt not. I bless the Lord, I never 
' had better health, nor my family ; ihy daughters are 
' very well improved in that respect, and tell me they 
' would not change their place for George Yard, nor 

* would I. People here are generally settled where the 
' tide reaches ; and altho' this is good land, and well 

* timbered, and plentifully supplied with salt marsh ; 

* yet there is much better land up higher ou the river, 

* where they may go up with small boats, where many 

* now are settling. There's extraordinary land, fresh 
^ meadows overflowed in the winter time, that produces 

* multitudes of winter corn ; and it's believed will 

* endure 20, 30, or 50 years ploughing, without inter- 
' mission, and not decay : Such land there is at Esopus, 
' on Hudson's river, which hath bore winter corn about 

* 20 years, without help, and is as good as at first, and 

* better. William Penn took a view of the land, this 
Mast month, when here; and said he had never seen 

* such before in his life : All the English merchants, 

* and many of the Dutch, have taken, and are desirous 

* to take up plantations with us : Our country here, 

* called Bergen, is almost Dutchmen ; at a town called 

* Newark, seven or eight miles hence, is made great 
' quantities of cyder ; exceeding any we can have from 

* New-England, Rhode-Island, or Long-Island I 

* hope to make 20 or 30 barrels out of our orchard 

* next year, as they have done who had it before me ; 

* for that, it must be as providence orders. Upon our 

* view and survey of Amboy point, we find it extraor- 

* dinary well situate for a great town or city, beyond 

* expectation ; at low water, round about the point, 

'are 



Of NEW -JERSEY. 171 

^ are oysters of two kinds, small as' English, and A. D. 

* others two or three mouthfulls, exceeding good for ^^^^* 
^ roasting and stewing ; the people say, our oysters are 

* good, and in season all summer; the first of the third 

* month I eat of them at Amboy very good : 

* The point is good lively land, ten, some places 

* twenty foot above the water mark. About it are 
' several coves, where vessels may lay up conveniently ; 
' besides great ships of any burthen, may all ride 
' before the town, land lock'd against all winds ; there 
' Rariton river runs up, or rather down 50, far larger 
'some say 100 miles, for small boats. I saw several 
^ vines Upon the point, which produces, as they say, 
' good grapes in their season; this country is very full 
^ of them ; but being not present profit, few regard 
' them more, than to pick them as they lay in their 

* way, when they are ripe. We have store of clams, 
•^ esteemed much better than oysters ; on festivals the 
' Indians feast with them ; there are shallops, but in 
' no great plenty : Fish we have great store, as our 
' relation sets forth ; but they are very good when 
^ catch'd (as the proverb is.) I have several barrels by 
^ me now, which are good for our table, and for sale. 

* I brought a sea net over with me, which may turn 
^ to good account ; sea nets are good merchandize 

* here ; mine cost me about four or five pounds, and 
^ can have twenty pounds for it, if I would sell it now. 
' I may write of many such matters in our province, 

* which may invite persons here ; but so am resolved 
•'to conclude, knowing that in probability, there is not 

* an industrious man, but by God's blessing, may not 

* only have a comfortable, but plentiful supply of all 

* things necessary for this life ; with the salutation of 
' my true affection to all, &c. I rest 

' thy affectionate friend, 

Thomas Rudyaed. 

Samuel Groome, one of the proprietors, and surveyor 
general of East-Jersey, also wrote to his fellow pro- 
prietors, as follows. 

East- 



172 



The history 



A. D. East- Jersey, tlie 11th of August, 

1683. ^ 1683. 

' Friends and fellow proprietors. 

' Since my last I have now sounded the channel from 
Amboy to Sandy-Hook, and find it to be a broad and 
bold channel, in no place less than three fathom 
at high-water, in ordinary tides four, or five, or six 
fathom except in one short place : Rariton river is a 
good river, and hath a good tide of flood overpower- 
ing the freshes about thirty miles above Amboy ; after 
it's flood, the tide hath no force against the freshes, 
which come out of several branches of Rariton, and 
joins in one, forty or fifty miles above Amboy. I 
have spent a considerable time in making discovery : 
I have not as yet, had time to lay out much land for 
you, only about seventeen or eighteen thousand acres 
in one tract, good upland, near Elizabeth-Town. 
I have now seen the tract of land against or nigh 
Amboy point, formerly laid out by Vanquillin ; it 
is on the west side of a creek called Chingerorus, about 
eight thousand acres, and I intend shortly to lay as 
much, or twice as much more to it ; but first we must 
talk with the natives about that, and other tracts of 
land, that they are not yet paid for : The last day of 
this month is appointed to treat with several Indians^ 
to buy several exceeding good tracts, nigh the head 
of Rariton. 

' The tenth of next month is also appointed to treat 
with other Indians, to buy other tracts of choice 
meadowing and upland, that lieth about twelve or 
thirteen miles up into the country, which I have seen ; 
and when we have accomplished these two things, we 
shall be able to lay out for you much land ; and when 
I have been up in the countiy towards, and at Barna- 
gat, and agreed with the Indians thereabout, for such 
land as we may see occasion to purchase presently, in 
order to a settlement there ; for here are many both 
of New-England, New- York, and some parts of this 
province, stands ready to sit down in that part of the 
country, not only for the sake of the good upland 
and meadows, which report saith is much thereabout, 

'but 



Of NEW-JERSEY. 173 

* but also for the sake of the whale trade, and other A. D. 
' fishing trade, which is like to be there shortly : New- ^^^^• 
' England-men and others, were a tampering with the 

' Indians, to have purchased there, before and since we 
' came ; but now they are out of hopes of coming in 
' at that door ; so now they make their addresses to us, 
' and would have us to purchase and let them come in 
' our tenants ; or otherways as we may agree : I intend 
' to attempt these things this fall : I have not been 
' much on the south side of Rariton, only upon some 
' upland at several places, and upon the tract of eight 
' thousand three hundred and twenty acres of yours 
' aforementioned, and also on the meadowing that lies 
' on the south side of Rariton above Amboy, a year or 
' two since purchased of the Indians, in the name of 
' Dame Carteret, though it was never intended for her ; 
' nor for any proprietor ; but as it fell out, they quar- 
' relied about disposing and sharing thereof; so it is now 
' without controversy yours. Now know, that Rariton 

* river is accommodated on both sides with salt and fresh 
' meadows ; salt as far as the salt sea water flows, or 
' predominates ; and fresh above, as the river Thames : 

* We have above three thousand acres of meadowing 
' butting on the river ; I hope it will never hurt Amboy 
' town : Besides, report saith, that the upland next 

* adjoining to this meadowing, beginning over against 
^ Amboy, and so up ten or twelve miles, to a river 
' that strikes out of Rariton south, and is called South 
' River, is but mean land. 

' It may be well, if you would agree to take each 
' one a twenty fourth part of lands as we lay them out, 
' whether it be more or less, or else take five hundred 
' aere lots, and let these lots be cast when twenty four 
' times five hundred acres is laid out ; and where we 
' can make greater lots, we may. We have now got up 
' thi'ee houses at Amboy, and three more ready to be 
' set up, but workmen are scarce, and many of them 
' base ; the best will work but when they can spare 
' time out of their plantations : If no help comes, it will 

* be long e'er Amboy be built as London is ; housing 

'will 



174 



The history 



will bring a trade to that place : The Indians come 
thither to get fish, fowl, oysters, clams, mussels, 
&G. (as people go to market for things they want) 
and these Indians bring at seasons, great quantities of 
skins down Rariton, so by Amboy and to New-York ; 
where they have a continual supply of things they 
want. 

' Well, here is a brave country, the ground very 
fruitful, and wonderfully inclinable to English grass ; 
as clover, <fec. It predominates over the more wild 
grass, very little barren, much dry upland, and good 
meadow : Some fenny, swampy land, and small run- 
ning brooks and rivers, throughout all the parts of 
the country I have seen ; and these fenny and 
swamjiy lands bear great burdens of grass ; in short, 
the land is four times better than I expected. We 
must needs be out of some money at present to pur- 
chase lands of tlie Indians, but that will be soon got 
in with profit, as people come to inhabit and take up 
land, and pay, as always they have done, their part of 
purchase from the Indians : Here is great talk of the 
braveries of the place and land : Barnagat I intend 
to see shortly after the season is fitting to go by land 
and water to it ; I intend to go by water in a sloop, to 
see how convenient it is by water, and from thence 
come by lan'd ; so then I shall tell you mor^ : Ye must 
expect to l)e at charges for doing these and such other 
things: I purpose shortly to write to, and demand 
of all places the quit rents and arrears ; they generally 
say they will pay: Capt. Berrie is two or three hun- 
dred pounds behind in arrears, as is said ; because 
his case differs from others a little, I'll (God permit- 
ting) begin with him first of all about his rent, &c. 
and either have rent, or land : What you write con- 
cerning building and repairing, shall be observed : I 
wish I were fairly rid of all the goods I have of yours, 
and my own, at twenty eight per cent, excepting such 
as are for the Indian trade : These parts of America 
are accommodated with English goods ; nevertheless 
when I pay workmen and labourers, I pay them goods 

' rated 



Of NEW-JERSEY. 175 

' rated cent, per cent. New- York money ; but then A. D. 

* I must pay them two or three parts silver ; which I ^^^'^' 
' procure with goods as well as I can. 

' The houses at Amboy are thirty feet long, and 
' sixteen wide, ton feet betwixt joint and joint, a 
' double chimney made with timber, and clay as the 
' manner of this country is to build, will stand in 
' about fifty pounds a house; this pay procured here for 
'■ twenty five in goods the first cost. I shall make you 

* no return this year, seeing we are about purchasing 
' and surveying ; all which will run out money in this 

* place, where men are so scarce to be had ; on such 
' accounts, I must as well as I can, turn your goods 
' into money, provision and goods for Indians, I have 
' laid out Amboy into one hundred and fifty lots, and 
' have sent home a draught of it. 

S. Groome. 

Gawen Lawrie arriving this year deputy governor 
of East-Jersey, under Robert Barclay, chose a fresh 
council ; Richard Hartshorne one of them : There 
having been considerable disturbauces in the province, 
especially about Middletown and Woodbridge, relating 
to town affiiirs ;/■ their prudent conduct contributed 
to the quiet of the province : The two following letters, 
wrote soon after Lawrie's arrival, contain, as well his 
sentiments of the country, as some of the principal 
transactions of tliose times. 

Gawen Lawrie, to the proprietors at London. 

Elizabetli-Town, 1 Month 2d, 1G84. 
' I took up several days with countrymen, and 

* others, to view the ground and water ; at last I 
' pitched upon a place, where a ship of 300 tun may 
' ride safely within a plank length of the shore, at low 
' water ; adjoining thereto is a piece of marsh ground, 

' about 

/. In one of these disturbances, Lewis Morris, afterwards 
overnor of New-Jersey, being a party, was taken prisoner and 
onfin'd in a log house ; his partizans prized up the logs iiigh enough 
or him to creep out. 



176 



The history 



' about twelve perches broad, and twenty perches 
' long, and higli land on each side like our keys by 
' London bridge ; this may be easy cut quite round, 

* for small vessels to come to the key, and lie safe ; round 
' tliis island I set out lots one acre apiece, viz. four 
' pole at the key, and forty pole backward ; from 
' thence along: the river near half a mile : I laid out 
' the like lots very pleasant for situation, where they 
' can see the ships coming in the bay of sandy hook, 

* for near twenty miles ; the ships may ride along by 

* the town, as safe as at London, just at the point by 

* the town : liariton river runs up by the country, a 
' great way ; there boats of forty tuns may go ; and 

* the river by the town, goes to New- York, Hudson's 
' river, Long-Island, Staten-Island, and so to New- 
' England : There is no such place in all England, for 

* conveniency and pleasant situation ; there are sixty lots 
^ upon the river, and forty backward between those and 

* the river ; and those backward, have a high way 100 

* foot broad ; where I have laid out a place for a mar- 
^ ket, with cross streets from the river to the market; 
' where the town houses are to be built : When this 
^ was done, I laid out 400 acres, to be divided into 

* forty-eight parts, viz. thirty-six to each proprietor ; 
' and tho§e who have lots in the town, I grant them 
' half lots in this ; to pay for the lots in the town, 
' twenty pounds ; or if a half lot of thirty-six acres, 
^ forty pounds. I laid 400 acres to lie until the 

* proprietors agree to divide it, as people comes over. 
' There is sixteen lots taken up by the Scotch proprie- 
' tors ; and eight lots by the proprietors that are here : 
^ There are twenty lots taken up in the town, by other 
' people. I engage all to build a house of thirty feet 

* long, and eighteen broad, and eighteen feet high to 
' the raising ; to be finished within a year ; to pay for 

* laying out, forty shillings a lot, and four pence per 
'annum, quit-rent; There are several begun already 

* to build. I have laid out forty or fifty acres for the 

* governor's house : The highway and wharfT, between 
' the river 100 feet broad ; and to leave a row of trees 

' along 



Of NEW-JERSEY. 177 

along upon the river, before the houses, for shade and A. D. 
shelter, exceeding pleasant. I have agreed for two ^^^^ 
houses of like dimensions, to be built for the pro- 
prietors ; and also a house for the governor, of 
sixty -six feet long, and eighteen broad ; if the quit 
rents come in, I intend three or four houses 
more, for the proprietors : I can easily let them. 
This work took me up five weeks : After I had 
finished it, I set the people to work, Scotish 
and English, about fifty persons ; some preparing 
for building, others to clearing ground to get corn 
sown this spring : Then came in a boat privately 
to Elizabeth-Town the 12th past: Next morning 
I went to New York to visit the governor ; staid 
there two or three days ; he was very kind, and 
promised a fair correspondence ; so I did not publish 
my commission until this day, before the council ; 
they have been kind and courteous. Now is the 
time to send over people for settling ; there are 30,000 
acres of land in several places, belonging to the pro- 
prietors, formerly taken up by Carteret: So here 
is land enough. The Scots and William Dockwras 
people coming now and settling, advance the pro- 
vince more than it hath been advanced these ten 
years : Therefore proprietors, send over some families 
and servants ; I shall presently set them out land, and 
it will bring them in considerable profit, in a 
few years : Here wants nothing but people. There 
is not a poor body in all the province, nor that wants ; 
here is abundance of provision; pork and beef at 
two pence per pound ; fish and fowl plenty : Oysters 
I think would serve all England : Wheat four shil- 
lings sterling per bushel ; Indian wheat two shillings 
and six pence per bushel ; it is exceeding good for 
food every way, and two or three hundred fold in- 
crease: Cyder good and plenty, for one penny per 
quart. Good drink that is made of water and mo- 
lasses, stands in about two shillings per barrel, 
wholesome like our eight shilling beer in England: 
Good vennison plenty, brought us in at eighteen 

M ' pence 



178 



The history 



' pence the quarter : Eggs at three pence per dozen ;; 
' all things very plenty ; land very good as ever I 
' saw : V ines, walnuts, peaches, strawberries, and 
' many other things plenty in the woods. The pro- 
' prietors have 150 or 200 acres, three miles from 

* the town, up Rariton river salt marsh, where I 
' intend to let the people of Amboy cut grass for hay 
' until we otherwise order it by lots to them : I 
' reckon there is laid out for the town, governor's 

* house and publick highways, near or about 
*200 acres; so there rests 1800 acres. I laid out 
' 400 acres, as I said ; the rest to lie in common 
' until divided : I have put two houses in repair, upon 
' the river, called the point, two miles from Elizabeth 

* Town ; have let one of them, with ten acres of 
' pasture ground, and ten acres of woody ground, for 

* seven years, at twenty-six pounds per annum ; the 
' man to clear the ten acres of woody ground, and 
' make it fit for ploughing or pasture. I intend to let 
' the other also, with some land : All the houses were 
'like to drop down; all the land lying without fence; 
' and a barn quite fallen down, and destroyed ; 
'another without any cover; and that other next to 
'the house where I dwell, all to pieces; and all the 
' fences and out-houses were down, but repaired before 
' I came. I am setting up a ferry boat at Perth, for 
' men and horses, to go and come to Burlington and 
' Pennsylvania, and New- York : Also I am treating 
' with one, to set up a house midway to Burlington, 
' to entertain travellers, and a ferry boat to go to New- 
' York ; all which is for promoting Perth, that l)eing 
'the center: Also you should give me power to set out 
' a line, between the governor of New- York and us ; 
' he calls on me for it, because several plantations on 
' the river are settled, and we know not yet on what 
' side they will fall ; so I cannot at present mention all 
' particulars, which you must supply, by some general 
'clauses or words; for it is not possible for you to 
' understand what is for the good of the province, as I 
' do, that am here ; and be not sparing to send over 

' people, 



Of new- jersey. 179 

' people, it will bring you it again, with large profits ; A. D. 

* for here is a gallant plentiful country, and good land. 
' I have given you a large account of the little time I 
' have been here : I have none to write for me, but 

* you must send a copy of this to Scotland ; and with 
' it your further instructions, to be signed and sent 
'me forthwith: I will be bound till it come; I rest 
' your frieijd, sic subscribitur, 

Gawen Lawrib. 

The same to a friend in London. 

'East-Jersey, let month 26th, 1684. 
' I promised to write but had not time till now ; I 
shall give thee a brief account of the country, no fiction, 
but truth : It is beyond what I expected ; it is situate 
in a good air, which makes it healthy ; and there is 
great conveniency for travelling from places through 
and about the province, in boats from a small canoe, 
to vessels of thirty, forty or fifty tun, and in some 
places one hundred in the bay coming up to Amboy- 
point, where the town of Perth is now in building, 
a ship of three hundred tun may easily ride close 
to the shore within a planks length of the houses of 
the town, and yet the land there, nor other in the 
province is. not low, swampy, marshy ground, but 
pretty high ground, rising from the water side at 
Amboy-point. The bank of the river is twenty 
foot, in some places thirty, and in some forty foot 
high, and yet hath many conveniencies for landing 
goods : The soil is generally black, in some places a 
foot deep, beareth great burdens of corn, and 
naturally bringeth forth Englisli grass, two years 
ploughing the ground is tender, and the plough- 
ing is very easy: The trees grow generally not 
thick, but some places ten, in some fifteen, in 
some twenty-five or thirty upon an acre ; this I find 
generally, but in some particular places there is one 
hundred upon an acre ; but that is very rare : The 
trees are very tall and straight, the general are oak, 

' beech, 



180 



The history 



beech, walnut, chesnuts and acorns lie thick upon 
the ground, for want of eating; peaches, vines, 
strawberries and many other sorts of fruit grow com- 
monly in the woods ; there is likewise gumtree, cedar, 
whitewood like our fir tree, walnuts, chestnuts and 
others lie thick on the ground ; there is great plenty 
of oysters, fish, fowl ; pork is two pennies the 
pound, beef and venison one penny the pound, a 
whole fat buck for five or six shillings ; Indian corn 
for two shillings and six pence per bushel, oats twenty 
pence, and barley two shillings per bu^iel : We have 
good brick earth, and stones for building at Amboy, 
and elsewhere : The country farm houses are built 
very cheap : A carpenter, with a man's own servants, 
builds the house ; they have all materials for nothing, 
except nails, their chimnies are of stones; they 
make their own ploughs and carts for the most part, 
only the iron work is very dear : The poor sort set 
up a house of two or three rooms themselves, after 
this manner; the walls are of cloven timber, about 
eight or ten inches broad, like planks, set one end to 
the ground, and the other nailed to the raising, which 
they plaister within ; they build a barn after the same 
manner, and these cost not above five pound a piece ; 
and then to work they go : Two or three men in one 
year Avill clear fifty acres, in some places sixty, and 
in some more : They sow corn the first year, and 
afterwards maintain themselves ; and the increase of 
corn, cows, horses, hogs and sheep comes to the land- 
lord : Several merchants of New- York have left their 
several plantations there, to come to East-Jersey, two 
or three may join together, with may be twelve, fifteen 
or twenty servants, aud one overseer, which cost them 
nothing for the first year, except some shoes, stock- 
ings and shirts : I have been to see these plantations, and 
find they have a great increase by them, they main- 
tain their families at New- York with all provisions, and 
sell a great deal yearly ; and for servants, our English 
people are far better husbandmen than the New-Eng- 
landmen ; the servants work not so much by a third 



as 



Of new-jersey. 181 

^as they do in England, and I think feed much better; A. D. 

* for they have beef, pork, bacon, pudding, milk, but- •^^^^• 

* ter and good beer and cyder for drink ; when they are 
^ out of their time, they have land for themselves, and 
^ generally turn farmers for themselves : Servants wages 
' are not under two shillings a day, besides victuals ; and 
•^ at Amboy-point two shillings and six pence per day : 
' At Amboy we have one setting up to make malt, but 
■^ we want a brewer ; I wish thou would send over some 

* to set up a brewhouse, and a bakehouse to bake bread 
^ and bisket ; for a bisket maker we must have, to vend 
' our meat to the plantations : Send over some hus- 
' bandmen and country fellows that plough, sow, reap, 
' thresh, and look after cattle ; a carpenter or two, and 
' a smith for ploughs and horses ; and a cooper which 
^ we want very much : If thou will send a dozen of 
' servants, most of them countrymen ; I will set thee out 
■* a gallant plantation of five hundred or one thousand 

* acres, on a river side ; but thou must send over some 
^ goods to stock it withal : I desire thee to encourage 
^ some of our friends, especially the proprietors, to 

* send over some servants to stock some land ; and when 
' they have cleared it, if they have a mind to let it, 
' here are tenants to take it, and if they will sell it, 
' here are also purchasers : There is one man since I 
^ came here, sold his plantation for fifteen hundred 
' pound ; the whole was sixteen hundred or eighteen 
' hundred acres, whereof only one hundred and twenty 
■* acres were cleared ; upon wiiich he had a house, gar- 
■^ den, and orchard, and barn planted : I know several 
' men who let cleared land at six shillings and eight 
' pence, and at ten shillings the acre, yearly rent; which 

* is a good encouragement for sending over servants to 
' plant : I write not this as an idle story, but as things 
' really and truly are : I have sent for servants myself 

* to settle a farm ; for if the proprietors will not do so, 
'' I see not what they can expect. The Scots have taken 

* a right course, they have sent over many servants, 
■'and are likewise sending more; they have likewise 
^ sent over many poor families, and given them a small 

' stock ; 



182 



The H I S T C) \i Y 



A. D. 

1684. 



'stock; and these families, some for seven, some for 
' ten years, give the half of their increase to the land- 
lord, except the Jiiilk, which the tenant hath to him- 
' self. I have sot tiicni out land and they are at work : 
' I believe they will have forty acres cleared this spring 
' and this summer : I am to set them out more, so that 
' in a sliort time they will Jiave a great increase coming 
' in : This will raise the price of the land here, and is 
' the reason that several from New-York bounds come to 

* me to take up land, for they believe now this j)rovince 
' will be improving, and our land is better than theirs ; 

* that every [)roprietor's sending over ten people, will 
'also be a great advantage to himself; encourage others 
' to take up land and bring all the division that hath been 
'here, to an end ; for these men seeing that they shall 
' be ballanced, are already more compliant than they 
' were ; now 1 have laid these things before thee, and 
' desire thee to impart them to some of the proi)rietorri 
'and other Iricuds, that they may consider of the same. 
' I am thy loving i'riend, sic subscriptur. 

Gawen Lawrie. 

From John llarcJay, Artluir Forbes, and Gawen 
Lawrie, to the Scots proprietors, of the same date. 

' Knowing you expect from us an account of this 
' country ; we have for your encouragement, and for 
' the encouragement of all our country-men, who 
'may be inclineablc! to come into this country, given 
'you this brief and true account of it, according as 
' we have seen and are credibly informed ; for having 
' seen little, yet save the winter season, we must 
' write what is to be seen in summer ui)on information, 
'which we have just ground to believe to be true; 
' because whatever we have seen already in it (notwith- 
' standing all we heard of it before we came) surpasses 
'our expectation in many things. The air in this 
' country is very wholesome, and though it alters sud- 
' denly, sometimes being one day hot and another cold ; 
' yet people are not so subject to catch cold or be distem- 
'pered by it as in our country of England. The- 

' land 



Of NEW-JEHSEY. 183 

^ land lies for the most part pretty high, but on the ^- ^^ 

* river and creek sides, are many meadows which lie 
' low, from which the country people get their hay, 

* whereby their stocks are maintained in the winter 
' season. Provisions here are plentiful and cheap ; there 

* is beef, pork, venison, mutton, fowl and fish, abun- 
^ dance to be had at easy rates ; and for drink 

* they have good beer and cyder ; and those that are 
' desirous, may have wine of several sorts and other 
^ kinds of strong liquors ; so that we see little wanting 

* that a man can desire ; and we are here sure that a 
^ sober and industrious people might make this a rich 
' country, and enrich themselves in it ; especially 
' poor people, who are hard put to it to gain bread at 
^ home, notwithstanding the excessive labour ; for 

* we see that people here want nothing, and yet their 

* labour is very small ; they work not so hard by one 

* half as the husbandmen or farmers in our country ; 
^ and many of these who have settled here upwards of 
' sixteen years, have lived upon the product of the 

* land, they cleared the first two years after they 

* came (and cleared none since) "which produceth not 
' only corn to maintain their own families, but sell 
' every year ; and the increase of their bestial, whereof 

* they have good store of several sorts ; cows, oxen, 

* horses, sheep and swine, yields them other provisi- 

* ons, and to sell besides ; yet there be some more 
' industrious among them, who have continued clear- 

* ing and improving land ; and these have got estates, 

* and would not sell their plantations for several hun- 

* dred pounds. We have been lately up a little way on 

* the Rariton river, but could not go so far as we 

* intended, being prevented by rainy weather ; but so 
' far as we went, was very rich land, and yet that 

* above it is said to be richer ; a great deal of it is 
' naturally clear of wood, and what is not so, is easily 
' cleared, the trees being but small and at a good 
' distance from one another ; so that the land yet 

* untaken up, so far as we can understand, is easier to 
•*.clear, than that which is taken up. The towns that are 

' already 



184 The HISTORY 

A. D. ' already seated, being in woodiest places : The- 
' merchants in New- York, both Dutch and English, 
' have many of them taken up land, and settled plan- 
' tations in this country ; and several from that colony 
' are desiring to come and take up land among us ; 
' though they might have land in their own colony 
' without paying quit-rents. The wood here is not so 
' hard to clear as many think, they do not pull it up 
' by the roots, but cut them about a foot or more from 
' the ground, and one man may cut down many in a 
' day ; four of our men the first day they began, cut 
' down seventy the best trees they could find fit for 
' building : There are not many of great trees, but 
' straight and tall, and there be many sorts, oak,. 

* walnut, chesnut, cedar, ])oplar, gum-trees, firrs, 

* pines, birch and beech, and other sorts, which we 
' remember not at present. There are many good 
' orchards of fruit trees, and they make abundance of 

* good cyder, especially at one town called Newark, 
' which is esteemed at New- York and other places^ 

* where it is sold beyond any that comes from New- 

* England : There are peaches and vines grow wild 

* about the river sides, which in season bear good fruit, 
' and grapes ; and there are strawberries over all the 
' woods, and many other kind of. good fruits, and at 

* Amboy point and several other places; there i& 

* abundance of brave oysters ; there will be many 

* houses built there quickly, for many have taken up 

* lots, and all that have taken are obliged to build 

* within a year : There is good encouragement for 
' tradesmen to come over ; such as carpenters, masons,. 
' and bricklayers, for they build not only of wood^ 
' but also of stone and brick ; yet most of country 
' houses are built of wood, only trees split and set up 
' one end in the ground, and coverings to their houses, 
' are mostly shingles, made of oak, chesnut and cedar 
' wood, which makes a very neat covering ; yet there 
' are some houses covered after the Dutch manner, with 
' panticles. The towns are all settled upon rivers 
' where vessels of thirty or forty tuns may come up to 

' theiir 



Of new-jersey. 185 

' their doors, and the out plantations generally upon A. D. 

* some brook or rivulets, which are aa plenty here 
' as in our own country, and curious clear water, and 

* in many places are good spring wells, but in the 

* towns every man for the most part has a well digged 
' on his own land : Among all the towns that are 
' settled, none lieth so convenient for trade as New- 
' Perth ; for ships of great burden may come up 
' close to the houses, and may come up in any time in 
' the winter : There came a ship of three hundred tuns 
' in there this winter, in the hardest frost we had and 
' lay hard by the town, so near that she was tied to a 
' tree. The land here brings forth mast sorts of Eng- 
' lish grain, and great increase ; wheat, rie, barley, 
' oats and other sorts of grain, such as Indian corn, 
' which is very good and wholesome kind of grain ; 
' and also buck-wheat ; and those corns are to be had 
' at easy rates, either for money or goods, and those 
' that have not money or goods may have abundance 
' for their work : We shall now answer as far as we are 
' capable, your queries. 

' To the first we cannot positively give an account 
^ of the whole length and breadth of the province ; 

* but we are informed that it is a great deal broader 

* than ye expected ; for those that have travelled 
' from the extent of our bounds on Hudson's river, 
' straight over to the Delaware say it is 100 miles 
' or upwards ; we shall know that certainly after a while ; 
' for the line betwixt us and New-York, is to be run 
' straight over to Delaware river, about three weeks 
'hence; and after that the line betwixt us and West- 
' Jersey ; after which we shall be able to give a true 
' account of the bounds of that province. 

' 2. When the bounds is so exactly laid out, we can 
' the easier guess at the number of acres, and by that 
' time may be able to give an account what number of 
' acres is already taken up ; but there is no fear of 
' want of land. 

' 3. The quantity of meadow ground, we cannot 

* detepmine, having travelled as yet, but little in the 

' province 



186 



The H I S T O E Y 



A. D. 

1684. 



' province ; but the way wc have travelled there is 
meadow in abundance, both on the water sides and 
on the upland. 

' 4. There is also othfsr good ground in some places, 
great quantities free of wood, which is fit either for 
corn or grass ; and the ground all over brings forth 
good English gniss naturally, after it is ploughed. 

* 5. There are also commons upon the country, but 
what quantity we cannot tell ; there is little kept in 
them save wild horses, which the people take up 
when they have occasion : there is also land fit for 
pa-sturagc for sheep ; and there is sheep in the coun- 
try, but what number the ablest planters have we 
know not, but some we see have good flocks. 

* 6. An exact map of the country is not yet drawn, 
nor can you quickly expect it, for It will take up. a 
great deal of time, charge and pains to do it. 

' 7. There are also hills up in the country, but how 
much ground they take up we know not; they are 
said to be stony, and covered with wood ; and 
beyond them is said to be excellent land. 

' 8. To the eighth we cannot answer as yet. 

' 9. There be people of several sorts of religions, 

* but few very zealous ; the people, being mostly New- 

* England men, do mostly incline to their way ; and 

* in every town there is a meeting-house, where they 

* worship publickly every week : They have no publick 
' laws in the country for maintaining publick teachers, 

* but the towns that have them, make way within 

* themselves to maintain them ; we know none that 
^ have a settled preacher, that follows no other employ- 
' ment, save one town, Newark. 

' 10. The method of building their houses is men- 

* tioned already. 

. ' 11. There are not many out plantations that are not 

* within the bounds of some town ; yet there be some, 

* and those are the richest ; what number there are we 

* know not ; some have great quantities of land, and 

* abundance cleared. 

'12. The 



Of NEW- JERSEY. 187 

' 12. The richest planters have not above eiglit or A. D. 
ten servants ; they will have some of them a dozen IQ^i* 
cows ; yea, some twenty or thirty ; eight or ten oxen ; 
horses more than they know themselves ; for they 
keep breeding mares ; and keep no more horses at 
home than they have occasion to work ; the rest 
they let run in the wood both winter and summer, 
and take them as they have occasion to use them : 
Swine they have in great flocks in the woods ; and 
sheep in flocks also ; but they let them not run in the 
woods, for fear of being destroyed by wolves : Their 
profit arises from the improvement of their land, and 
increase of their bestial. 

' 13. There will be in most of the towns already 
settled, at least 100 houses, but they are not built so 
regular as the towns in our country ; so that we can- 
not compare them with any town we know in Scot- 
land : Every house in the town hath a lot of four 
acres lying to it; so that every one building upon 
his own lot, makes the town irregular and scattered : 
Their streets are laid out too large, and the sheep in 
the towns are mostly maintained in them ; tliey are 
so large that they need no trouble to pave them. 

' 14. Betwixt Sandy-Hook and Little Egg-Har- 
bour, lie two towns, Middletown and Shrewsbury : 
There is no land taken up that way, but what is 
(now) in the bounds of these two towns ; what kind 
of land it is we know not, having never travelled 
that way : Barnarat or Burning-Hole, is said to be a 
very good place for fishing ; and there is some desi- 
ring to take up land there, who inform that it is 
good land, and abundance of meadow lying to it. 

* 15. There are no fishermen that follow only that 
trade, save some that go a whaling upon the coasts ; 
and for other fish there is abundance to be had 
every where through the country, in all the rivers; 
and the people commonly fish witli long sives or long 
nets, and will catch with a sive, one, sometimes two 
barrels a day of good fish, which they salt up mostly 
for their own use, and to sell to others. 

' 16. There 



188 



The history 



A. D. 
1684. 



16. There are no ships belonging to this province 
^ particularly, or built here, save one which Samuel 
' Groome built here the last summer, which stands 
' yet on the stocks ; (a stop being put to it by his death) 
' there is conveniency enough to build ships : The 
' ships in tiiis part trade mostly to the West-India 
' islands, and some to Newfoundland, where the pro- 
' visions of this country vends. 

' 17. There is land here in several places, after it is 
' cleared and brought into a farm set out for rents, as 
' in our country, at five, eight, and ten shillings per 
' acre, according to the goodness and situation of the 
' said land ; and those that will be at the charge to 
' clear land, may get tenants to take upon these terms ; 
' but whether it will turn to good account or not, 
' because little experienced as yet, with the charge of 
' clearing of land, I will not positively inform. 

' 18. There are several places of the country fit for 
'mills; and several, both corn and saw mills already 
' set up, and good encouragement to set up more. 

* 19. The acres are here reckoned according to the 
' English account ; sixteen feet to the rood, twenty 
' long, and eight broad makes an acre : One English 

* butt of wheat, which is eight English gallons, or 
' Scots quarts, commonly sows an acre ; two bushels 

* of barley also an acre ; and two bushels of oats an 
'acre and half: English peck, which is four English 

* quarts or Scots shopeus of Indian corn, plants one 
'acre. 

' 20. There are but few Indian natives in this 
' country, their strength is inconsiderable, they live 
' in the woods, and have small towns in some places 

* far up in the country ; they plant a little Indian corn, 
' shoots deer, and other wild beasts and fowls for their 

* food : They have kings among themselves to govern 
' them ; for religion they have none at all ; they do 
' not refuse to sell lands at occasion. The prices of 
' grain and other provisions here at present ; Indian 

* corn two shillings and six pence the bushel ; wheat 

* four shillings ; rie three shillings ; oats one shilling- 

'and 



Of NEW-JERSEY. 189 

and eight pence ; beef one penny ; pork two pence ; A. D. 
venison one penny; mutton three pence tlie pound, 
this English measure and weight ; but mark, these 
things being vakied in this country money, there 
is a fifth part difference betwixt it and sterling 
money ; so that wheat being valued here at four 
shillings the bushel, is but three shillings and three 
pence sterling, and so of the rest proportionably. 

' Here you have an account of things, as far as 
we are capable to give at present; with which we 
hoj)e you will be satisfied, while further opportunity 
and better experience give us occasion to write more ; 
and so we rest your friends and well wishers to all our 
countrymen ; sic subscribitur, 

' Elizabetli-Town, in EasL-Jersev, i JoHN BARCLAY. 

m' "f ^AL"'' ^"'^ '"*"""'' "^"'"^ Arthur Forbes. 

March, 1684. J 

This I have heard read, do also subscribe to the truth 
thereof, and rests G. L. 



CHAP. XI. 

Manner of the West-Jersey Oovernment in 1684 : Their 
unsettled state, and succession of governors : Danger of 
suffering for want of food in 1 687 : The division line run 
by G. Keith ; and agreement between the governors Coxe 
and Barclay: Alteration in the manner of locating lands 
in West- Jersey, and the method now in use fixed : No 
person in West-Jersey to purchase from the Indians, 
without the consent of the council of proprietors ; and 
instructions respecting deeds and warrants for taking 
up lands. 

TH E assembly of West- Jersey at their meeting the 
20th of the third month, this year chose Thomas 
Olive governor, and chairman or speaker; in both 
which capacities the governor now acted; the several Oliva. 
branches of the legislature we have seen doing their 
business in common together; the peoples choice the 

foundation 



190 T H E H I S T O R Y 

■f • -D- foundation of the whole, whose representatives were 

1684. j-'i If. !• .„ 
distinctly returned from their respective first, second, 

third and Salem tenths, (which were all the tenths yet 

settled) at their first meetings they chose the governor, 

council, commissioners to lay out land, and all the 

other officers of government. 

Olive had been twice governor of West-Jersey 

1685. before, and continued on the last choice in that station 
for a year past;«7. but Byllinge having desisted from 
the claims which the assembly and their constituents 
had thought unjust, and which had been the cause of 
their undertaking in opposition to him to choose the 
governor, and he in this year sending a fresh commission 

Skein. to John Skeine to be his deputy,^'- the assembly and 

people submitted to him, tho' they had before refused 

Welsh. William Welsh in that capacity, while Byllinge con- 

tinued the claims aforesaid : Skeine died in the twelfth 

Dr. Coxe. month 1687; but Dr. Daniel Cox, of London, the 
greatest proprietor of West-Jersey,^- was the Sep- 
tember before appointed to succeed him ; he continued 
in -that station till about the year 1690,^- having ap- 
pointed 

g. His salary was twenty pounds a year. 

h. Skein's salary beside the fees, was said to be thirty bushels of 
rye. 

i. He own'd twenty-two shares of propriety. 

k. Governor Coxe soon after his appointment to that station, wrote 
the following letter to the council of proprietors of West- Jersey. 
"* After Mr. Bylling's decease, his heirs were greatly ignorant of his 
'concerns relating unto West-Jerse}', and therefore resolved to sell 
his interest both in government and property ; and that they had 
'begun to treat with a person who would probably have made tlie 
' condition of the proprietors and inhabitants very uneasy : I and 
'another of the chief proprietors having together a very great share 
'of the country, applied ourselves for advice unto the lawyers, being 

* assured by the most eminent that however Bylling's concessions 
'might in conscience bind him during his life; they were not always 

* obligatory to a purchaser or successor, because said concessions were 
'made before his right of government was granted; we thereupon 
"* consulted with several proprietors and others, well wishers to your 

' colony, 



Of new-jersey. 191 

pointed Edward Hunloke his deputy ; sometime A . D. 
afterwards a commission was sent to John Tatham, 

who 

'colony, amongst whom it was agreed and res^olved to be for the 
'good of your country, and our own security, tliat one amongst us 
'should purchase from the heirs of Mr. By Hinge, all his, and their 
'interest in properly and government; and because my proporiioa 
'of land was greater, or that they apprehended me capable of serv- 
' ing them, or to have more money at command, or because they 
' had ever preceived me lo be zealous and active to promote the 
' good of the province : I was earnestly pressed and requested to make 
'a purchase of the government and properties annexed thereunto, 
'wherewith having complied, that I might demonstrate the disente- 
' resledness of my undertaking; and that 1 did primarily propose 
'the welfare and benefit of the people, and prefer it to my private 
'advantasie. I did many times proffer Mr. Penn, Mr. Ford and 
'others, who pretend to understand most of your minds, what was 
'for your good, and to be as it were kind ol trustees for you: 
'That if they would contrive any metliod, whereby tiie govern- 
'ment might be legally and severally invested in the proprietors, or 
'people without a governor; or if they would find any person 
'more fit to discharge the office of government, or who might prove 
'more-acceptable to the people than myself; I was willing to con- 
'sign or reconvey all my estate, power, authority as I had received 
'it and upon the same condition, not desiring the least advance 
'beyond what they all know 1 h;id disbursed; but not finding any 
'proposal to meet with any other return, than an invitation to 
' proceed, and good wishes that I might therein prove successful; 
'and finding that all the proprietors in or near Lon<lon, whom I 
'could convene, were greatly satisfied with my conduct, encou- 
'rageing me to expect tiiey would meet with like acceptance 
'from the proprietors and inhabitants of West-Jersey: I thereupotv 
' thought fit to recommunicate unto you the whole transaction of 
' this aflair ; as likewise what 1 expect from you the proprietors 
'and inhabitants of West-Jersey ; and what you may reciprocally 
'challenge from me: I do therefore hereby give you to understand, 
'that whereas all the gentlemen of tlie law, who have been 
'hitherto consulted, do unanimously agree, that the government 
'of the province of West New-Jersey, is legally in me as full as 
'Pennsylvania in Mr. Pefin, or East-Jersey in the proprietors 
'there: I thereupon assumed the tide of governor, and lay claim 
'to the powers and authority thereunto annexed ; and 1 am resolved 
'by the assistance of Almighty God, to exercise the jurisdiction by 
'his royal highness, his last deed or grant unto me conveyed, with 
'all integrity and faithfulness and diligence, for the benefit atid 
welfare of those, over whom divine providence hath constituted 
'rae (under our sovereign) superintend ant or chief overseer; 
'always prefering publick emolument, before my own private 

advantage 



192 



The HISTOKY 



A. D. 

1683. 



who being a jacobite ; and as such by pruiciple disqua- 
lified, him the assembly rejected; on which the pro- 
prietors 



advantage; and may I succeed in my undertakings, well or ill, 
according as I pursue or violate this resolution and engagement; 
and I atn contented this my declaration be 'recorded, that it may 
continually reproach and condemn me if I ever recede therefrom. 
And whereas Mr. By Hinge, in his former concessions, hath given 
his consent, and ratified diverse laws in the said grant, stiled 
fiindainentals; the first concerning liberty of conscience, the 
second, that no person sliall be deprived of life, limb, estate, 
property, privilege, freedom, franchises, without a due trial and 
jud^^ment, passed by a jury of twelve good and lawful men in the 
neighbourhood; the person excepting, if he please, against' thirty- 
five, without any reason rendred, and more if he assign a just 
cause: I hereby declare, that I do in my heart highly approve the 
said fundamental laws and concessions, nnd am ready to confirm 
them; apd withall, I do faithfully promise, that to the utmost of 
my ability, I will cause tliern to be most inviolably oliserved, as 
also those three fundamentals after mentioned. If your assembly 
shall desire the continuance of them, and that it appears, nothing 
is therein contained contrary to the laws of England, which 
extend to our colony ; by the breacli whereof, we inevitably expose 
ourselves unto the forfeiture of our charter, which, next to the 
blessing of God, and protection of our prince, is our greatest 
comfort and security ; and that you may all become fully satisfied : 
I do not intend to arrogate unto myself any absolute despotic 
power. I have thought fit to add, that whereas it is generally 
acknowledged by all intelligent disinterested persons, the govern- 
ment of England by a sovereign prince, upon weighty conside- 
rations of making or repealing laws, levying taxes, consulting 
with his parliament, is the best of constitutions, and diverse of 
our English plantations, having in imitation hereof joined with 
the governor and assembly or parliament : I do liereby declare ray 
full and free approbation of such constitution in your province, 
and I shall confer upon your assembly, all the powers and privi- 
leges consistent wifh the ends of good government, the redressing 
grievances, and promoting the peace and prosperity of the 
province; and I make my request you would with all convenient 
speed^^ansmit unto me your proposals, both in order unto the 
establishing a regular and durable method of convening assemblies, 
and what power you desire should be intrusted with them : And 
because assemblies have been hitherto convened only annually, 
except upon some solemn urgent occasion, it hath been customary 
for the governor or his deputy, to act in aflfairs of importance 
during the recess of asseriiblies, with the advice of a council, I 
would desire you to give me to understand, how you expect and 
desire such council shall be chosen ; whether you will acquiesce in 

'the 



Of new-jersey. 193 

Tjrietors sent a commission in 1692, to Andrew Hamil- A. 1). 
^ ' ^ 1685. 

ton Hamilton. 

'the governor's nomination, or whether you desire the assembly 
■'should have any share in their election, also in case of succession 
'upon decease or misbeiiavioiir ; and whether the council shall be 
'annual, biennial or triennial, or during life; if understanding, 
'faithful and diligent in discharging of their trust: I shall in all 
'these, and any other particulars, which shall manifestly appear 
'to make for publick utility, not only have a great deference 
'for your opinion and advice, but readily comply with all your just 

'reasonable expectation and requests. Thus having without 

'reserve or disguise, declared unto you my sentiments concerning 
'government, I proceed to aftiiirs of another nature; but of little 
'less nionient: It is the fixed persuasion of diverse intelligent 
'persons, that your province hath deeply sufi'ered, and is stinted in 
' its growth for want of ascertaining its limits, und fixing a boundary 
'between it. East Jersey, and New-York ; thai thereupon a subdi- 

* vision might be made of the country, into one hundred proprie- 

* taries, as was originally agreed, thereby appropriating unto every 
'good purchaser his portion in specialty; I have inclosed an 
'account of my transactions with the proprietors of East Jersey, 
'many of whom being persons before well affected unto me, I 
'have highly disobliged, upon my refusal to comply witli their 
'claim, upon the last pretended agreement; all which, and nmch 
'moie, if like occasion should require, I shall readily conflict 
'with, and chearfully undergo, for the good of our little, yet unto 
■'me, dear community, which I shall love, clurish, and endeavour 
'to support and maintain, as if they were members of my own 

* private family : Lastly, I do confirm all those persons who were 
■'appointed by Mr. Byllinge, or chosen by the people in their 
'respective places and employments, until I further learn from 
'you the state of your colony, unless by some new advice and very 
'extraordinary motives I should be obliged to make an alteration, 
'which should it happen, you may all rest assured, I shall have a 
'tender regard unto your welfare and satisfaction: And now 
'nothing remains besides our supplicating with united minds, the 
'allwise God, to grant us the wisdom which is pure and peaceable, 
' to enable us methodically to order our affairs with discretion ; that 
'we may act, industriously, regularly, chearfully, in the several 
'stations and employments his divine providence hath allotted us, 
'considering we are one body, and members one of another; that 
'no injury can happen to a part which will not redound in some 
' to the hurt of the whole : For my own particular, I can appeal 
"'unto the searcher of hearts, that I do sincerely and primarily 
'design the prosperity of your province, in its peace, security and 
'plenty; and that it may be so settled, as that you may not only 
"'live happily during my administration, but that it may not be in 
■'the power of any future governor, deriving from me, even to 
■* hinder the due execution, much less to repeal those laudable 

'constitutions 

N 



194 The HISTORY 

A. B. ton.^- He was accepted and continued governor of 
West-Jersey, while it remained under the proprietary 
jurisdiction, tho' with some interruption in 1698, of 
which hereafter; being also some part of the time- 
governor of both East and West-Jersey, and Pennsyl- 
vania. 
Law The year 1686, seems to have been a dangerous one 

bwords ^^ East-Jersey, if the law then passed against wearing 

&c. swords was properly founded : According to that, seve- 

ral persons had received abuses, and were put in great 

fear 

'constitutions, which with your advice and assistance I hope to 
'establish : And on your parts, I expect and promise myself a ready 
'compliance with whatsoever sliall he proposed for the publicl< good : 
'Th.U instead of factions and divisions, there be a generous emuhi- 
'tion amnngsl you, who siiall promote the welfare of our commu- 
*nitv: That you be mutually tenderly aflfectioned one towards the 
'other; and though you may difi'er in opinions, concerning thing* 
'of les«er moment, yet continue united in affection, as being 
'servants to the same God, subject to the same prince, and having 
'one conimon interest; often renienihering, that by unanimily and 
'concord, diverse nations have been advanced fiom contemptible 
'beginning-*, unto gre;it wealth and power; whereas by discord, 
'mighty empires have been broken and ruined, without the acces- 
'sion of external force: That the God of peace and love would 
'unile, preserve and prosper you, is the frequent, fervent, and 
'shall continue to be, the constant request, of your most affectionata- 
'friend, Daniel Coxe. 

'.September the 5th, 1G87. 

/. His salary in 1695 and 1696, was two hundred pounds a year 
as governor of West-Jersey ; but the salary in both East and West- 
Jersey seems in some periods, to have been rather occasional : In the 
latter prbvince in 1697, provision was made for two hundred pounds 
by a law. with the following preamble, 'Being sensible of the 
'many great services done by our present governor. Col. Anch'ew 
'Hamilton, since his accession to the administration of the govern- 
'raent of this province ; and taken also into our consideration, the 
'great charge tlnu must attend any person in that post, and how 
'little hath yet been done by us answerable to his merit and station ; 
'we find ourselves obliged in point of gratitude, and in testimony 
'of our afiection to him, and as a demonstration thereof, to offer as 
' is hereafter expressed ; and pray our governor's acceptance thereof 
'from a poor people, whose good-will and regard to him is not to 
'be measured by tlie value of our offering, but integrity of the 
'offerers.' The salary of the governor of East-Jersey in 1694,. 
1695, and 1696, was one hundred and fifty pounds per annum. 



Of new-jersey. 195 

fear from quarrels and challenges; to prevent it for the A. D. 
future, none by word or message, were to make a chal- ^^^^' 
lenge, upon pain of six months imprisonment without 
bail or mainprize, and a ten pound fine ; whoever ac- 
cepted or concealed the challenge, was also to forfeit 
ten pounds ; no person was to wear any pocket pistols, 
skeins, stilladers, daggers or dirks, or other unusual 
weapons, upon pain of five pounds forfeiture for the 
first offence, and for the second to be committed ; and 
on conviction imprisoned for six months, and moreover 
to pay a fine of ten pounds ; no planter was to go 
arm'd with sword, pistol, or dagger, upon penalty of 
five pounds. Officers, civil and military, soldiers in 
service, and strangers travelling upon lawful occasions, 
were excepted. This law for any thing that appears, 
is yet in force. 

The settlers in both "West Jersey, and Penn- 
sylvania, about the year 1687, were put to difficulties 1687. 
on account of food ; their crops having in great part 
failed ; several families had already spent their last. Food 
and were forced to subsist on what was spared by such of 
their neighbours as were better provided ; these were 
few in proportion to the mouths to be filled : Some 
nigh the rivers had lived weeks upon fish, others were 
forced to put up with herbs ; but unexpectedly to many 
arrived a vessel from New-England to Philadelphia, 
laden with corn, which proved an agreeable supply ; 
this vessel meeting with a good market others soon fol- 
lowed ; so that the settlers were not afterwards exposed 
to the like necessity for want of food. 

In this year, George Keith, surveyor-general of East- 
Jersey, by order of the proprietors there, attempted Keith's 
to run the division line between East and West<-Jersey ; 
pursuant to an award on the terms established in the 

quinti- 



1^6 



The history 



A. D. 

1687. 



Traversed 
by Chap- 
man. 



1688. 



Agree- 
ment be- 
tween the 
governors 
Coxe and 
Barclay. 



quintipartite deed."*- He began with a line from 
little Egg Harbour, north by west and three degrees 
five minutes more westerly, as the compass then pointed 
for a part ; the line he run sixty miles in length, till he 
fell upon the corner of Dobie's plantation, on the south 
branch of Rariton : This, by order of the council of 
proprietors of West- Jersey, in or about the year 1721, 
was traversed by John Chapman, esteemed a careful sur- 
veyor ; upon the computation it appeared, that the line 
at the time of his traverse, was north sixteen degrees 
and forty three minutes west, which leaves a varation of 
two degrees and twenty three minutes in that thirty- 
four years. The remaining part of Keith's line was 
from Dobie's plantation, along the rear of that and 
other tracts and plantations, as they were before pa- 
tented and surveyed in right of the proprietors of the 
eastern division of New-Jersey, until it intersects that 
part of the north branch of Rariton river, which descends 
from a fall of water, commonly called and known by 
the Indian name of Allamitung then running from 
that point intersection up the branch of stream of the 
fall of Allamitung. 

Upon the original running this line, the western pro- 
prietors thought too much of their best lands were 
surveyed to the eastward ; and were uneasy with it. 

In the fall 1688, the governors of East and West- 
Jersey, on behalf of each division, entered into the fol- 
lowing agreement. 

' London, September 5, 1688. 

' It is agreed this day, by Dr. Daniel Coxe, governor 
* of the province of West-Jersey, on behalf of himself, 
' and all the rest of the proprietors of that province, on 
' the one part ; and Robert Barclay, governor of the 
'province of East- Jersey, on behalf of himself and all 

'the 



m. See this deed, vol. i. of laws, p. 63, &c. 



Of new-jersey. 197 

the rest of the proprietors of that province, on the A. D 
other part ; as followeth, viz. ^^^^• 

' For the final determination of al] differences, con- 
cerning the deed of partition ; and all other disputes 
and controversies about dividing the lands, and set- 
tling the bounds between East and West-Jersey. 

' 1. The line of partition run strait from little Egg- 
Harbour, to the most westerly corner of John Dobie's 
plantation, as it stands on the south branch of Rariton 
river, shall be the bounds so far between East and 
West-Jersey, and shall not be altered ; but remain as it 
stands, on a printed draught of the proprietors lands, 
surveyed in East-Jersey, and drawn by John Reid, 
and since printed here. 

* 2. From thence to run along the back of the adjoin- 
ing plantations, until it comes to James Dundass his 
plantation ; and from thence, at the most north westerly 
part thereof, a line to lye down with a line on the 
back of those plantations, and so to run north eastward, 
till it touch the north branch of Rariton river, as it is 
struck upon the map already : but saving the plan- 
tations already laid out, to be within the line, if they 
happen to stand a little more westerly than that line 
is marked. 

3. ' From the north end of the line, where it touches 
Rariton north branch ; thence forward the largest 
stream or current of water belonging to the said north 
branch, shall be the bound or partition ; and so con- 
tinuing along the same, unto the north end thereof, 
for the bounds so far. 

4. ' From the said north end of the branch, a short 
strait line to run to touch the nearest part of Passaick 
river ; and so following the course of that river, 
continuing Poquanick river, so long as it runs nor- 
therly or north westerly ; those rivers still to be the 
bounds between both provinces; and if Poquanick 
river do not run far enough to the latitude of forty 
one degrees ; then from the said river, a straight 
line to be run northward to the latitude ; and that to 

'be 



198 



The history 



A. D. 

1688. 



be the utmost north partition point, and from the 
said point in a strait line due east to the partition point 
on Hudson's river, between East-Jersey and New- 
York : Provided always, that all plantations and 
tracts of land, laid out and surveyed, before this 
agreement arrives in East- Jersey, shall remain to the 
parties concerned ; and the partition shall so run as 
to include them within East-Jersey bounds. 

' Lastly, Dr. Coxe doth covenant and promise, tO' 
make good the agreements above written, and war- 
rant the title and quiet possession of all the lands so 
to be appropriated to the proprietors of East-Jersey, 
according to the limits and bounds abovementioned, 
against all persons that shall or may pretend, or claim 
any interest to any of the said lands, as West- Jersey 
proprietors: And Robert Barclay doth covenant 
and promise, to make good the agreement above 
written, and warrant the title and quiet possession of 
lands, so to be appropriated, to the proprietors of 
West-Jersey, according to the limits and bounds 
abovementioned, against all persons that shall or may 
pretend or claim any interest to any of the said lands^ 
as East- Jersey proprietors : For performance of all 
and every the resj)cctive articles and covenants herein 
mentioned ; they do mutually bind themselves, each 
to the other, in the sum of five thousand pounds, to be 
well and truly paid on the breach of any of the clauses 
and covenants, herein before mentioned. In witness 
whereof, tliey have interchangeably set their hands 
and seals, the day and year first above written.^ 

Sealed and delivered Robert Barclay. 

in the presence of 

David Hewling. 

Stephen Lucock. 

Notwithstanding this agreement, and that the- 

parties have at sev.eral times seemed desirous the line 

should 



n. See the consent of many western proprietors, to the agreement 
made with East-Jersey, in tht line of division by Dr. Daniel Coie» 
JteveWs book. B. Secretary' s- Office, Burlington, p. 233. 



Of NEW-JERSEY. 199 

should be properly run out and fixed; the necessary A. D. 
preliminaries could never yet be sufficiently settled ; 
those of East- Jersey being thought by the western pro- 
prietors to have the advantage in every step hitherto 
taken ; while they on the contrary, have not been 
wanting to alledge their reasons.?- 

In order to keep the transactions relative to the divi- 
sion line together, we are necessarily brought forward 
in course of time, with respect to the manner of locat- 
ing the proprietors lands in "West- Jersey ; the divisions 
and sub-divisions of shares had multiplied demands, 
and introduced a necessity for other measures than had 
been hitherto in practice; accordingly in 1687, the 
proprietors found it expedient to enter into the following 
agreement, 

' Whereas by experience it hath been found, that New mo- 
^ the concerns particularly relating to the proprietors j j^^-^ 
■* of the province of West New-Jersey, by reason of jands. 
'' the great difficulty of getting them together, upon 

* several emergent occasions, have been greatly detri- 

* mental not only to the carrying on and progress of 
^ the same necessary and publick concerns, but also 
"* very chargeable and burthensome to the said proprie- 

* tors, especially those of them who live at a great 
distance; and also complained of by the members 

* of the general assembly, as taking up a great part 

* of their time, in an affiiir particularly relating to the 

* proprietors ; and finding that the affair touching the 
■* publick concerns of the said proprietors, may be 
' carried on with far less charge and burthen to the whole, 
^ and with more effect by such number of persons, as by 

* the proprietors shall be esteemed fit and qualified 

* on their behalf, to transact and agitate their publick 

' affairs 

p. To trace the proceedings relating to this line minutely, will 
be a task proper for those immediately concerned ; they are volu- 
minous : To give an account of some more of the steps hitherto 
taken, a few papers are added in the appendix. Vid. appendix, 
Uumb. iv. V. vi. vii. 



The history 



' affairs as proprietors : We therefore, under^vritteri' 
' proprietors of the province aforesaid, being met 
' together at Burlington, in the same province, this 
'fourteenth day of the twelfth month, anno 1687, 
' by a general appointment of the same proprietors ; 
' do therefore unanimously agree together as foUoweth, 
' (viz.) That eleven proprietors within the said pro- 

* vince, shall be yearly and every year, nominated, 
' elected and chosen, by and amongst the said proprie- 
' tors, to be commissioners and trustees at a day 
' certain ; six whereof in the county of Burlington, 
' and five within the county of Gloucester, in the 
' province aforesaid ; who shall be, and are impowered 
' to act and plead in all such affairs, as do, and shall 
'generally concern the body of the said proprietors of 
' tiie same province, as fully and effectually as if th& 
' whole body of the same proprietors were together, 
' and should personally do, and conclude the same ; 
' which act and acts, thing and things, by the same 
'commissioners and trustees for the time being, so^ 
' from time to time to be done and performed as- 
' aforesaid, we the said proprietors do hereby ratify, 
' establish and confirm ; and we do hereby nominate 
' and appoint our trusty friends Samuel Jenings,. 
' Thomas Olive, William Biddle, Elias Farre, Mahlon 
' Stacy, Francis Davenport, Andrew Robeson, Wil- 
' liam Royden, John Reading, William Cooper, and 
' John Wills, commissioners and trustees for the year 

* next ensuing, to do, act and officiate in the affair 
' aforesaid, until the tenth day of the second month,, 
'anno domini 1688; and we do hereby agree and 
' appoint, that each and every of the said commissioners 
' and trustees now elected and chosen, and from time 
' to time hereafter to be elected and chosen, sliall have 
' and be allowed two shillings per day, for each and 
' every day they shall be concerned to act in, the affair 
' aforesaid ; the same to be paid by the proprietors of 
' the province pi'oportionably to their respective shares- 

* of the said province. In testimony whepeof, we the 

* proprietors of the province aforesaid, have to this' 

' instrument 



Of NEW-JERSEY. 201 

' instrument, in this and the scliedule hereunto affixed, A. D. 

* put our hands, dated the fourteenth day of the ^^^^ 

* twelfth month called February, anno domini 1687. 

' At a meeting of the proprietors at Burlington, this 
' sixth of the seventh month, in the year 1688; it is 
'agreed, that five of the commissioners shall be a quo- 
' rum in all their meetings, and shall have power to 
' act in as full manner as if the whole number of 
' eleven were present ; and it is further agreed, that the 
' said commissioners shall meet at least once a quarter, 

* the day after each quarter sessions. 

' Thomas Hutchison, Christopher Wetherill, Thomas 
' Butcher, John Pancoast, Henry Grubb, John 
' Tatbam, Thomas Barton, John Woolston, Robert 
' Turner, Thomas Budd, George Hutchinson, John 
' Dayes, John Shinn, Henry Wood, John Kay, Thomas 

* Matthews, Thomas Sharp, Isaac Harriot, Bernard 
' Devonish, Samuel Oldale, Thomas French, Perdval 

* Towle, Francis Collins, Thomas Gardiner, Daniel 
' Wills, William Ileyers, Anthony Elton, John Hugg, 
' Richard Herritage, William Bate, William Alberson. 

' An instrument of the same form and date, signed 

* in Gloucester county, by Woolla Dalbo, William 
' Cooper, William Alberson, John Ladd, John Hugg, 
*jun. John Wills, Thomas Sharp, John Rambo, Robert 
' Zane, James Atkinson, Francis Collins, Thomas 
' Thackera, John Hugg. 

' Indorsed on the back side. 
' We the within subscribers, do approve of, ratify 
'and confirm the persons within mentioned, to serve as 
' our representatives for the year ensuing, with these 
' alterations following, viz. instead of Mahlon Stacy 
' and Francis Davenport, that John Tatham and 
' George Hutchinson, be elected and serve in their 
' stead ; and in place of William Cooper, Thomas 
' Gardiner, jun. is elected to serve in his stead ; and 
^ that instead of eleven trustees, there shall be but 

* nine for the year ensuing ; five of which shall make 
'a quorum: All which is consented to, concluded, 

' and 



202 



The history 



Minutes 
of W. Jer- 
Bey council 
of proprie- 
tors. 



A. D. ' and agreed upon, this first of the first month, at 
1688. 'Gloucester, anno 1688, by the proprietors within 
* subscribed. 

On this agreement with some little variations after- 
wards, is founded the present constitution of the council 
of proprietors of West-Jersey ; the following minutes, 
being some of their first proceedings thereafter, shows 
their method and practice for some time after the estab- 
lishment of the said constitution. 

' At a meeting of several proprietors of West-Jer- 
sey, at Burlington, on the sixth day of the seventh 
month, anno domini 1688. 

' It was then and there debated, and being put to 
the vote, agreed by the proprietors then present, that 
every proprietor, and every person interested in 
proprieties, shall pay to the use of Daniel Coxe, to 
any person appointed to receive it, as a reimburse- 
ment for the money laid out by him, in the Indian 
purchase lately made in the lower counties, the sum 
of twelve shillings and six pence for every thousand 
acres, and so proportionably to be taken up out of 
that purchase ; the first year to begin the first day of 
April last past, and from that time twelve months, 
to advance eighteen pence upon every year ensuing, 
until the time that the money aforesaid to be paid for ; 
the land to be laid out within the bounds of the same 
purchase, as consideration for the monies disbursed 
by the said Daniel Coxe in the said Indian purchase of 
the whole tract, which, by the surveyor Andrew 
Robeson, is computed to be three hundred thousand 
acres of good land, capable and worthy of improve- 
ments ; which money being paid, the party so paying 
shall be acquitted of all other payments on the con- 
sideration aforesaid. 

* 2. That the surveyor for the time being, be 
engaged not to set out any land within the limits of 
this Indian purchase, until the money abovementi- 
oned be paid and secured as abovesaid. 

*3. And 



Of NEW -JERSEY. 203 

' 3. And it is further agreed, that for the land taken A. D. 
'* up by order of the said Dr. Coxe, above the falls of ■^'^^^• 
^ Delaware, every proprietor taking up any part there- 

* of, shall pay to Dr. Coxe, or his order, the sum of 
^ twenty-five shillings ])er thousand acres, and two 
^shillings and six pence yearly consideration, till the 
' money be paid. 

' At a meeting of the council of proprietors, being 
' nominated, elected and constituted by the proprie- 
' tors of the province of West-Jersey, to negotiate 

* their affairs for the year ensuing, held at Burlington, 
Hhe eighteenth day of September, anno domini, 1688. 

' Elected, Thomas Olive, Andrew Robeson, Samuel 
' Jenings, Francis Davenport, William Biddle, Mah- 
' Ion Stacy, William Roydon, William Cooper and 

* John Reading ; five of which shall make a quorum. 

* Present at this meeting, these persons ; Thomas 
' Olive, Andrew Robeson, Samuel Jenings, William 
' Biddle, Francis Davenport, William Roydon, Wil- 
' liam Cooper. Thomas Olive, president. 

' Imprimis, It is agreed, ordered and concluded 
' by authority of the council abovesaid. That Samuel 
' Jenings be, and is hereby appointed commissioner, 
' to examine all deeds, taking a minute of the same, 
' and issue warrants to the surveyor general, for the 

* surveying and taking up of lands ; keeping a record 

* of the same, and this for the inhabitants within the 

* county of Burlington, or to any others as occasion shall 
' require. 

' 2. It is likewise agreed and ordered, that John 
' Reading shall perform the same service, for the inha- 

* bitants within the county of Gloucester; and to all 

* others as occasion shall require. 

' 3. And it is ordered and appointed, that for the 
' support of their service, every warrant for land under 
'one hundred acres, shall pay the sura of one shilling; 
' and one hundred acres and above, under one thou- 
' sand, shall pay the sum of eighteen pence ; and one 
' thousand acres and upwards, shall pay the sum of two 
■* shillings and six pence. 

<4. And 



204 



The history 



A. D. 

1688. 



' 4. And it is further ordered, that the said Samuel 
' Jenings and John Reading, shall, upon demand of 
' this council, at any time, deliver into them a copy of 
' their said minutes by them taken from time to time. 

' 5. A nd it is ordered and appointed by the autho- 
' rity aforesaid, that Andrew Robeson, the surveyor 
' general, shall from time to time, upon demand of 
' this council, make return to them of all warrants 
' executed by him, that have not been returned before. 

* 6. And it is likewise ordered and appointed by this 
' council, That Mahlon Stacy, John Day, William 
' Wood and John Hollinshead, shall be rangers for 
' the county of Burlington and upwards ; and John 
' Kay, Thomas Sharp and Israel Helrae, jun. shall 
' be rangers for the county of Gloucester, for the year 
' ensuing. 

' 7. It is also concluded and ordered, that no 'person 
' or persons whatsoever, shall presume to purchase any 
' land from the Indians, without the consent of this 

* council first obtained, otherwise to be prosecuted as 

* our common enemy. 

' The council adjourns until the fourth day of No- 
vember next. 

' At a meeting of the council of proprietors in Bur- 
' lington, upon the tenth day of eighth month, anno 
'1688. 

* Present in council, Thomas Olive, president. 

' Andrew Robeson, William Biddle, Samuel Jen- 
' ings, William Royden, John Reading. 

* Imprimis, whereas John Skene is appointed by the 
secretary and register general of the dominion and 
territories of New-England, to receive the records, 
rolls and papers from Thomas Revel and John Read- 
ing, who hath already demanded the same ; and the 
said Thomas Revel and John Reading, making their 
application to the council, to know their pleasure 
therein. 

' The council have, and do order, that all records 
' relating to government, may be delivered according 

'to 



O F N E W - J E E S E Y . 205 

* to the secretary's order ; but such as relate to lands, A. D. 
' they judge to be the proprietors property, and that ^^^^" 
' they ought to abide and remain with them, and hope 

* the governor is already satisfied therewith. 

' The council adjourns till the sixth hour in the 

* morning, on the 11th day. 

' The eleventh of the eighth month. 
'Agreed and concluded, that all deeds granted or y 
'by Edward Byllinge, in and before the year 1( j2, 
' shall be adjudged and esteemed insufficient for the 

* commissioners to grant warrants upon.' 

' The form of the commissioners commission. 

' A. B. thou art hereby authorized, by the poiver and 
' order of the council of proprietors, to be commissioner 
'for the county of for the examining of deeds, 

' and granting loarrants, for the taking up of lands 
' within the province of West-Jersey ; well and faithfully 
' in all things discharging thy said office ; and the trust 
' in thee reposed, according to the instructions herewith 
' sent ; to the best of thy skill, and understanding. 
' Given under my hand and seal, the dec. 

' Instructions for the commissioners to observe and 
' follow, in their examining of deeds, and granting 
' of warrants for the taking up of lands. 

' 1. Agreed and ordered by the council aforesaid, 

* that the commissioners grant no warrants, but upon 
' the producing of good deeds, authentic copies, or 
' an extract of the record of such deed under the 
' register's hand, &c. 

' 2. That all deeds granted only by Edward Byl- 
' linge, in and before the year 1682, shall be accounted 
' insufficient for the commissioners to grant warrants 

* upon. 

' 3. That there shall be given a particular warrant 
' for every several deed, or particulat- purchase. 

' 4. That the president of the council for the time 
' being, shall, from time to time, grant warrants 
'for the commissioners, for the taking up of their 

* own lands. 

'5. That 



206 



The history 



' 5. That the commissioners shall not direct their 
warrants to the surveyor-general for the laying forth 
of his own lands, but to some other person, at the dis- 
cretion of the commissioner that gives forth the 
warrant. 

* 6. That every proprietor coming for a warrant, 
shall first sign to an instrument, to be presented to 
them, for their compliance, to pay his, and their res- 
pective and proportionable share of such incident 
charge, for the management of the proprietors aifairs ; 
as in the said instrument here following, may further 
appear. 

* The form of the instrument to be signed by the 
proprietors before they have warrants granted for the 
taking up of their lands. 

' We the subscribers having taken into considera- 
tion the necessity of the incident charges, that will 
attend tlie council of proprietors, in the employ and 
concern wherein we have placed, and constituted 
them, for the carrying on, and discharging of those 
inevitable charges that will follow u])on the prosecu- 
tion of our aifairs ; we do therefore hereby bind, and 
oblige ourselves ; each for himself, and not for one 
another, to comply with, and pay our proportions 
res{)ectively of the aforesaid charges, as our said 
council shall from time to time give us an account of, 
and find needful to be raised : In witness whereof we 
have hereunto set our hands, the &c. 

* The council adjourns till the 7th hour in the morn- 
ing, being the 12th day of October, Anno 1688. 

' The 12th day of the 8th month. 
' The council being met, they ordered the writing 
of a letter to the governor, to request the secretary to 
permit the records of lands to rest in the same hands 
they have formerly been ; forasmuch as they conceive 
they properly belong to the proprietors. 

The council likewise order another letter to the 

secretary, to signify the receipt of his w^arrant, by 

Thomas Revell and John Reading, for the delivery 

^ of all records, rolls, &c. and do desire the secretary, 

'that 



1691. 



Of new-jersey. 207 

' that the records of lands may still remain in the said A. T). 

* Thomas Revell and John Reading's hands: But for ^^^^• 

* other records that relate to government, may be dis- 

* posed of according as he shall appoint. 

We have before given a summary of some of the 
first laws published in the eastern and western divisions, 
while under proprietary management ; from that time 
forward, till the surrender of the government, many 
others were passed in both; but being either framed 
to particular occasions, or afterwards in part repealed 
or supplied, and most of them of no great public con- 
cernment now, further repetition of them here was 
thought unnecessary. 

In the year 1691, Dr. Coxe conveyed the govern- 
ment of West- Jersey and territories, to the West-Jersey Dr. Coxe 
society, consisting of the following persons : Sir Jersey sen- 
Thomas Lane, knt. Michael Watts, Edward Harri- ciety. 
son, Thomas Skinner, James St. Johns, Nicholas 
Hayward, Mordecai Abbot, Nicholas Battersby, 
Robert Curtis, John Jurin, Richard Bramhall, Robert 
Mitchell, Charles Mitchell, James Boddington, John 
Gunston, Arthur Shallet, John Lamb, William 
Wightman, Joseph Brooksbank, William Thompson, 
Henry Harrington, John Love, Thomas Phipps, 
Isaac Cocks, John Sweetable, Thomas Bromfield, 
John Norton, Robert Hackshaw, John Bridges, 
Joseph Paise, Edward Richier, William Dunk, Ed- 
ward Habberdfield, John Albersou, Edward West, 
Edward Paunceford, Obadiah Burnet, Francis Michel, 
Benjamin Steele, John Slaney, Nehemiah Erwing, 
John Wilcocks, Richard Mayo, Jonah Netteeway, 
William Brooks, Tracey Pauncefort, Joseph Allen, 
and Richard Greenaway. Vid. the instrument, RevelVa 
Book, B. Secretary's office Burlington, p, 298. 

CHAP. 



208 TheHISTOKY 



CHAP. XII. 

A flood at Delaware falls : Death and character of 
Thomas Olive, Thomas Gardiner, and John Woolston, 
Commotions in East and West-Jersey : Surrender of 
the two govenments to queen Anne : Her acceptance 
thereof ; and her commission to lord Cornhury. 

A. D. f I ^ PI E first settlers of the Yorkshire tenth in West- 
JL Jersey, had several of them built upon the low 
lands, nigh the foils of Delaware, where they had now 
lived, and been improving near sixteen years; they 
had been told by the Indians, their buildings were 
Flood in liable to be damaged by freshes, and the situation of 
the place must have made it probable : They had 
however, got up several wooden tenements and out- 
houses, which in the spring were accordingly generally 
demolished : The snows suddenly melting above, 
caused an uncommon overflow of the river ; there 
have been many great floods since, but none quite so 
high ; it came upon them so unexpectedly, that many 
were in their houses surrounded with water, and con- 
veyed to the opposite shore, by neighbours from thence, 
in canoes : The water continued rising till it reached 
the upper stories of some of their houses, then most, 
or all of them gave way, and were dashed to pieces ; 
many cattle were drowned ; beds, kettles, and other 
furniture, were picked up on the shores below ; the 
frights and damages were considerable ; two persons 
in a house, carried away by the sweeping torrent, lost 
their lives before they could be got out. This accident 
taught the owners here to fix their habitations on 
higher ground, and was what is commonly called the 
great flood at Delaware falls. 

In 



OfNEW -JERSEY. 209 

It was ill the spring this year that the proprietors A. D. 
■of West-Jersey first appointed col. Andrew Hamilton ■^^^"" 
to be their governor.?- 

About this time also died Thomas Olive, who since T. Olive, 
■the first settlement of West- Jersey, had been a man of 
importance there; he came over one of the London 
commissioners in 1677, was sometime governor, in 
which station he behaved with great circumspection 
and prudence; while a common magistrate he had a 
•ready method of business, often doing it to good effect 
in the seat of judgment on the stumps in his meadows; 
he contrived to postpone sudden complaints, till cool 
deliberation had shewn them to be justly founded, and 
then seldom failed of accommodating matters without 
much expence to the parties : He had been imprisoned 
and otherwise a sufferer for religion in England ; and 
•by his preaching and writing as well as other public and 
private conduct, had gained general love and esteem, 
which he merited to the last. 

In September 1694, died Thomas Gardiner; he 1694. 
arrived early at Burlington, went through several ^.j ^" '" 
publick stations in West-Jersey with a good character, 
had considerable knowledge in variety of business, 
and was an exemplary member of society, civil and 
•religious. 

In the beginning of 1698, died John Wool'ston, 1698. 
'One of the first settlers at Burlington, who had now ^' ^"°^' 
for upwards of twenty years, through the fatigues of 
^ new settlement, proved himself a ready friend and 
neighbour, and valuable member of society. 

We are now come to the year 1701 ; a memorable 1701. 
sera in New- Jersey, on account of the disturbances ^°'"™°' 
and confusions that violently agitated several parties, 

and 

q. See his commission in book B. secretary's office, Burlington, 
f. 287. 

O 



tions. 



210 The HISTORY 

'^^ D. and the change of government that followed in con- 
sequence of them : Each province had many and 
different proprietors, who promoted separate schemes 
and interests; these sometimes interfered : To facilitate 
particular purjjoses, one party would have the choice 
and management of a governor, while another refused 
any but of their own nomination ; and a third objected 
to proposals from either : Moderate councils could not 
be heard ; a contaminating spirit of party and discord 
took place of order and peace ; every expedient to 
restore union and regularity, proved unsuccessful ; 
faction prevail'd, and particular animosities were nou- 
rished to that degree, that the delays of time seem'd 
only to give opportunity of accumulating fresh occa- 
sions of disgust and uneasiness; a detail of particulars, 
would be an ungrateful, we hope an unnecessary task ; 
a few facts may suffice as specimens of the whole: To 
come at these, we must go back to the spring 1G98. 
J. Bass. Jeremiah Bass, under a pretence of a commission he 

had received from some of the proprietors of East- 
Jersey, with the king's a])probation, superceded Andrew 

ton. Hamilton, tlic then governor of both East and A\'est 

Jersey; but in the next year it appeared, tliat Buss had 
not obtained the king's approbation of his commission, 
nor was it granted by enough of the pro|)rietors to make 
it valid, which induced great numbers of the inhabitants 
to refuse obedience to him, and to the magistrates and 
officers by him a])pointed ; some persons being impri- 
soned for refusing obedience, it was resented by others 
with great indignation, and feuds and confusion follow- 

^ ed : To accommodate matters for the present, Andrew 

Hamilton was again appointed governor, by a fresh 
commission from some of the proprietors; but a great 
number refused obedience to him, and the magistrates 
and officers under him, in like manner, and for the same 
reasons as they had refused Bass and those he appointed. 

The 



Of new-jersey. 211 

The disorders in the Eastern division during this time/- A. D. 
made such an impression on the minds of many of the 
people, that they readily hearkened to overtures made 
for a surrender of government. A considerable part 
of West- Jersey was also, for similar reasons, disposed 
to a resignation : The commotions in both, which had 
been increasing for some years, now seemed to be got 
to a crisis, and all things tended to a surrender of the 
powers of government; which was at length brought 
about in the beginning of the next year. 

Mean while diverse petitions and remonstrances were Remon- 
sent home, complaining loudly of their grievances and 
confusions ; and praying redress : These and the pro- 
ceedings in consequence of them, show the principal 
matters now to be found relating to the surrender and 
the measures they took to reserve their privileges, s. 

In 1702 the surrender was made by the following 1702. 
instrument. 

* Surrender from the proprietors of East and West- Surrender. 

' New-Jersey, of their pretended right of govern- 
' ment to her majesty. 

' Whereas his late majesty king Charles the second, 
' by his letters patents under the great seal of England, 

* bearing date at Westminster, on or about the twelfth 
' day of March, in the sixteenth year of his reign ; 
' did give and grant to James, then duke of York, 
' his heirs and assigns, all that part of the main land of 
' New-England, beginning at a certain place called or 
' known by the name of St. Croix, next adjoining 
' to New-Scotland, in America ; and from thence 

' extending 

r. Long before, according to the representation of the lords of 
trade, October 2, 1701, 'the proprietors (say they) of East-New- 
'. Jersey, did surrender their pretended right of Government to king 
'James, in tiie month of April, 1688; which was accordingly 
'accepted by him.' 

«. Vid. Appendix, numb, viii, ix, x, xi, xii, xiii, xiv. 



212 



The history 



extending along the sea coast unto a certain place 
called Pemaquod or Pemaquid, and so up the river 
thereof to the furthest head of tiie same, as it tends 
northward ; and extending from thence to the river of 
Kenibique ; and so upwards by the shortest course to 
the river Canada, northward : And also all that island 
or islands, commonly called by the several name or 
names of Manowacks, or Long-Island, situate, 
lying and l^eing towards the west of Cape Codd, and 
the Narrohigansets, abutting upon the main land 
between the two rivers there, called or known by the 
several names of Connecticut and Hudson's river; 
together also with the said river called Hudson's river, 
and all the lands from the west side of Connecticut 
river, to the east side of Delaware bay : And also all 
those several islands called or known by the names of 
Martin's Vineyard, and Nantucks, or ISTantucket : 
together with all the lands, islands, soils, rivers, 
harbours, mines, minerals, quarries, woods, marshes, 
waters, lakes, fishings, hawkings, hunting and 
fowling; and all other royalties, •profits, commodi- 
and hereditaments to the several islands, lands and 
premises, belonging and appertaining, with their 
and every of their appurtenances ; to have and 
TO HOLD all and singular the said lands, islands, 
hereditaments, with their and every of their appur- 
tenances, to the said James Duke of York, his heirs 
and assigns forever ; to be held of the said king, his 
heirs and successors, as of his manor of East Green- 
wich in Kent, in free and common socage, and not in 
capite or by knight's service ; yielding and rendering 
therefore yearly and every year, forty beaverskins when 
demanded ; or within ninety days after. And by the 
same letters patents, the late king Charles the second, 
for himself, his heirs and successors, did give and 
grant to the said James duke of York, his heirs, 
deputies, agents, commissioners and assigns, full and 
absolute power and authority, to correct, punish, 
pardon, govern and rule all such subjects of the said 
king, his heirs and successors, as should from time 

'to 



Of NEW-JERSEY. 213 

* to time adventure themselves into the parts and places A. D. 

* aforesaid, or that should at any time then after inhabit ^''^^* 
^ within the same, according to such laws, orders, or- 

^ dinances, directions and instructions, as by the said 

* duke of York, or his assigns, should be established ; 
^ and in defect thereof, in case of necessity, according 

* to the good directions of his deputies, comraission- 
'' ers, officers or assigns respectively, as well in all 
^ causes and matters, as well capital and criminal, as 
^ civil, both marine and others ; so always as the said 

* statutes, ordinances and proceedings, were not con- 
^ trary, but as near as might be, agreeable to the laws 

* and statutes and government of the realm of Eng- 
' land ; saving and reserving to his said majesty, his 
^ heirs and successors, the receiving, hearing and deter- 
■* mining, of the appeal and appeals of all, or any 

* other person or persons of, in or belonging to the ter- 
' ritories or islands aforesaid, in or touching any judg- 
"* ment or sentence to be there made or given ; and 
■* further, that it should and might be lawful to and for 

* the said duke of York, his heirs and assigns, from 
^ time to time, to nominate, constitute, ordain and 
^ confirm such laws as aforesaid, by such name or 
^ names or stiles, as to him or them shall seem good ; 

* and likewise to revoke, discharge, change and alter 

* as well all and singular governors, officers and mini- 
^ sters, which then after should be by him or them 

* thought fit or needful to be made or used within the 

* aforesaid parts and islands ; and also to make, ordain, 

* and establish, all manner of orders, laws, directions, 
^ instructions, forms and ceremonies of government 
^ and magistracy, fit and necessary for and concerning 
^the government of the territories and islands afore- 

* said, so always as the same were not contrary to the 
' laws and statutes of the realm of England, but as 
^ near as might be, agreeable thereunto ; and the same 
'at all times then after to put in execution or abrogate, 

* revoke or change, not only within the precinct of the 
'said territories or islands, but also upon the seas in 
Agoing and coming to and from the same, as he and 

'they 



214 



The history 



A. D. 

1702. 



they in their good direction should think to be fittest 
for the good of the adventurers and inhabitants there r 
And the late king did thereby grant, ordain and 
declare, that such governors, officers, ministers, as 
from time to time should be authorized and aj)pointed 
in manner and form aforesaid, should and might have 
full power and authority to use and exercise martial 
law, in cases of rebellion, insurrection and mutiny, in 
as large and ample manner as the lieutenants of his 
said majesty in his counties of the realm of England 
had, or ought to have, by their commissions of lieu- 
tenancy, or any law or statute of the said realm of 
England. And the said late king did thereby also 
for himself, his heirs and successors, grant to the said 
James duke of York, that it should and might be 
lawful for him, his heirs and assigns, in his or their dis- 
cretions, from time to time, to a<bnit such and so manv 
person or persons to tradi; and tratlick unto and within 
the territories and islands aforesaid, and into every or 
any part or parcel thereof, and to have process and 
enjoy any lands and hereditaments in the ])arts and 
places aforesaid, as they should think fit, according 
to the laws, orders, constitutions and ordinances by 
the said James duke of York, his heirs, deputies, 
commissioners and assigns, from time to time to be 
made and established, by virtue of and according to 
the true intent and meaning of the said letters patents, 
and under such conditions, reservations and agree- 
ments as the said James duke of York, his heirs and 
assigns, should set down, order, direct and appoint; 
and not otherwise. And by the said letters patents, 
the said king did for himself, his heirs, and successors, 
grant to the said James duke of York, his heirs and 
assigns, and to all and every such governor and gover- 
nors, or other officers and ministers, as by the said 
James duke of York, his heirs or assigns, should be 
appointed, with power and authority of government 
and command in or over the inhabitants of tfie said 
territories or islands, that they and every of them 
should, or lawfully might, from time to time, and at 

'all 



Of new-jersey. 215 

' all times then after or for ever, for their several defence A. D. 

* and safety, encounter, expulse, repel and resist by ^'^^'^• 
■^ force of arms, as well by sea as by land, and all ways 

' and means whatsoever, all such person or persons as 
' without the especial licence of the said James duke of 
■* York, his heirs or assigns, should attempt to inhabit 

* within the several precincts and limits of the said 
■' territories and islands ; and also all and every such per- 
"* son and persons whatsoever, as should enterprize or 
■^ attempt at any time then after, the destruction or in- 
^ vasion, detriment or annoyance to the parts, places or 

* islands aforesaid, or any part thereof ; as by the said re- 
•^ cited letters patents duly enrolled, relation being there- 
■^ unto had, more at large may appear. And whereas 
^ the estate, interest, right and title of the said James 
^ duke of York, in and to the provinces of East-Jer- 
^ sey and West- Jersey ; part of the premises by the said 
'^ recited letters granted, are by mean conveyances and 
^ assurances in law, come unto and vested in or claimed 

* amongst others, by sir Thomas Lane, Paul Domi- 
^ nique, Robert Mitchell, Joseph Brooksbank, Michael 
^ Watts, Edward Richier, John Norton, Ebenezer 

* Jones, John Whiting, John Willcocks, John Bridges, 

* Thomas Skinner, Benjamin Steel, Obadiah Burnet, 

* Joseph Micklethwait, Elizabeth Miller, Benjamin 
^ Levy, Francis Minshall, Joseph Collier, Thomas 
' Lewis, Jo. Bennet, John Booker, Benjamin Nelson, 

* James Wasse, Richard Harrison, John Jurin, 

* Richard Greenaway, Charles Mitchell, Francis 

* Mitchell, Tracy Paunceford, William Hamond, 

* Ferdinando Holland, William Dockwra, Peter Son- 

* mans, Joseph Grimston, Charles Ormston, Edward 

* Antill, George Willocks, Francis Handcock, Tho- 

* mas Barker, Thomas Cooper, Robert Burnet, Miles 
' Foster, John Johnstone, David Lyell, Michael 
' Hawdon, Thomas Warne, Thomas Gordon, John 
' Barclay, Clement Plumstead, Gilbert Mollison, and 

* Richard Hasell, the present proprietors thereof; and 

* they also have claimed, by virtue of the said letters 
•* patents and mean conveyances, to exercise within 

'the 



216 



The history 



' the said provinces for the governing the inhabitants 
' thereof, all the powers and authorities for government 
' granted by the said letters patents to the said duke and 
' his heirs and assigns ; but her majesty hath been advised,, 
' that they have no right nor can legally execute any of 
' the said powers ; but that it belongeth to her majesty 
' in right of her crown of England, to constitute 
'governors of the said province.-, and to give directions 
' for governing the inhabitants thereof, as her majesty 
' shall think fit : And the said proprietors being desir- 

* ous to submit themselves to her majesty, are willing to 
'surrender all their pretences to the said powers of 
' government, to the intent her majesty may be pleased 
' to constitute a governor or governors of the same 
' provinces, with such powers, privileges and authori- 

* ties ibr the government thereof, and making of such 

* laws there, with the consent of the assembly of the 
' said provinces, and her majesty's subsequent appro- 
' bation thereof, as her majesty in her great wisdom 
'shall think fit and convenient. We therefore 
' the said Sir Thomas Lane, Paul Dominique, Robert 
' Michell, Joseph Brooksbank, Michael Watts, Ed- 
' ward Richeir, John Norton, Ebenezer Jones, John 
' Whiting, Clement Plumstead, John Willcocks, John 
' Bridges, Thomas Skinner, Benjamin Steel, Obadiah 
' Burnet, Joseph Micklethwait, Elizabeth Miller, Ben- 
'jamin Levy, Francis Minshall, Joseph Collier, Tho- 
' mas Lewis, Jo, Bennet, John Booker, Benjamin 
' Nelson, James Wasse, Richard Harrison, Joha 
' Jurin, Richard Greenaway, Charles Mitchell, Fran- 
'cis Mitchell, Tracy Paunceford, William Hamond, 
'Ferdinando Holland, Willara Dockwra, Peter Son- 
' mans, Joseph Grimston, Charles Ormston, Edward 
'Antill, George Willocks, Francis Handcock, 
' Thomas Barker, Thomas Cooper, Robert Burnett, 
' Miles Foster, John Johnstone, David Lyell, Mi- 
' chael Hawdon, Thomas Warne, Thomas Gordon, 
' John Barclay, Gilbert Mollison, and Richard Hasell^ 
' &c. the present proprietors of the said provinces of 
' East-Jersey and West-Jersey, for the considerations 

'and 



Of NEW-JERSEY. 217 

* and to the intent afoi'esaid, have surrendered and A. D. 
' yielded up, and by these presents for us and our heirs, ■'•^^^ 
' do surrender and yield up unto our sovereign lady 

' Anne, by the grace of God, queen of England, 
' Scotland, France, and Ireland, defender of the faith, 
' &c. her heirs and successors, all these the said powers 
' and authorities to correct, punish, pardon, govern 
' and rule, all or any of her majesty's subjects or others 
' who now inhabit, or hereafter shall adventure into or 
' inhabit within the said provinces of East-Jersey and 
' West-Jersey, or either of them ; and also to nomi- 
' nate, make, constitute, ordain and confirm any laws, 
' orders, ordinances and directions and instruments 
' for those purposes, or any of them ; and to nomi- 
' nate, constitute or appoint, revoke, discharge, change, 
' or alter any governor or governors, officers or mini- 

* sters, which are or shall be appointed, made or used 
^ within the said provinces or either of them ; and to 
' make, ordain and establish any orders, laws, direc- 
' tions, instruments, forms or ceremonies of govei'n- 
' ment and magistracy, for or concerning the govern- 
' ment of the provinces aforesaid, or either of them ; 
' or on the sea in going and coming to or from thence ; 
' or to put in execution, or abrogate, revoke or change 

* such as are already made for or concerning such 

* government, or any of them ; and also all those the 
' said powers and authorities to use and exercise martial 
' law in the places aforesaid, or either of them, and 

* to admit any person or person to trade or traffick 
' there, and of encountering, repelling and resisting 
' by force of arms, any person or persons attempting to 
' inhabit there without the licence of us the said pro- 
' prietors, our heirs and assigns, and all other the pow- 
' ers, authorities and privileges of or concerning the 
' government of the provinces aforesaid, or either of 
' them, or the inhabitants thereof, which Avere granted 
^ or mentioned to be granted by the said recited letters 
' patents, and every of them. In witness whereof, 

* the persons abovenamed, have hereunto set their 
' hands and seals, this fifteenth day of April, in the 

'year 



218 The HISTORY 

A, D. ' year of our lord one thousand seven hundred and two ; 
' and in the first year of her majesty's reign. 
For the eastern division. 
'Peter Sonmans, J()sej)h Ormston for myself, and 
'as proxy for Charles Ormston, Edward Antill, and 

* George WiHocks, and representative of Francis 

* Hancock ; Thomas Lane, Paul Dominique, Ro- 
' bert Mitchel, Joseph Brooksbank, E. Richier. Mi- 
' chael Watts, Clement Plumstead, Lewis Morris in 
'the behalf of Robert Burnet; Miles Foster, John 
' Johnstone, Michael Hawdon, John Barclay, David 
' Lyell, Thomas Warne, Thomas Gordon, Thomas 
' Barker, Thomas Cooper, Gilbert Mollison, Henry 
' Adderly for Richard Hasel, of Barbados ; Wil- 
' liam Dockwra. For the western-division. 

'John Booker, John Whiting, John Willcocks, John 
'Bridges, Thomas Skinner, Benjamin Steel, Obadiah 
'Burnet, Joseph Micklethwait, Thomas Lamb, Paul 
' Dominique, Francis Mitchel, Joseph Brooksbank, 
' Michael Watts, Ed. Richier, John Norton, Eben. 
' Jones, Benjamin Nellson, James Wasse, Richard 
' Harrison, John Jurin, Richard Greenaway, Charles 
' Mitchel, Francis Mitchel, Francis Paunceford, Wil- 
' liam Hamond, Ferd. Holland, Elizabeth Miller, 
' Benjamin Levy, Francis Minshall, Joseph Collins, 
' Thomas Lewis, Jo. Bennet. 

' Sealed and delivered by T. Lane, P. Dominique, 
' R. Michell, J. Brooksbank, M. Watts, E. Richier, 
'J. Norton, E. Jones, J. Whiting, J. Willcocks, J. 
'Bridges, T. Skinner, B. Steel, O. Burnett, J. Mic- 
'klethwait, E. Miller, B. Levy, F. Minshall, J. 
' Collier, T. Lewis, J. Bennet, J. Booker, B. Nelson, 
' J. Wasse, R. Harrison, J. Jurin, R. Greenaway, C. 
'Mitchel, F. Mitchel, T. Pauncefort, W. Hamond, 
' F. Holland. And for the interest the proprietors 
' of West-Jersey, have in East-Jersey, T. Lane, P. 
' Dominique, R. Mitchel, J. Brooksbank, E. Richier, 
' and M. Watts. Sealed and delivered by the aforesaid 
' persons in presence of us, L. Morris, 

Jonathan Greenwood. 
' Sealed 



Of NEW- JERSEY. 219 

' Sealed and delivered by William Dockwra, Peter A. T>. 
'* Sonraans, Joseph Ormston, Thomas Barker, and ' 

'* Thomas Cooper, proprietors of East-Jersey, in the 
' presence of us, Richard Bouts, Nathaniel Welch. 

' Scaled and delivered by Gilbert Mollison, in pre- 

* sence of us, Daniel Wild, Gilbert Falconer. 

* Sealed and delivered by Clement Plumstead, in 
^ presence of us, John Askew, Samuel Hannington. 

' Sealed and delivered by Henry Adderly, in pre- 
' sence of us, John Blackall, Thomas Gage. 

* Sealed and delivered by Lewis Morris, in pre- 
^ sence of, Aug. Graham, Richard Bibby.' 

' The Queen's acceptance of the surrender of 

' government. 
'At the court at St. James's, the 17th day of 

'April, 1702. 

* Present : The Queen's most excellent majesty. 
'* His Royal Highness Earl of Radnor, 

' Prince George of Earl of Berkely, 
' Denmark, Earl of Rochester, 

* Lord Keeper, Earl of Marlborough, 

* Lord President, Earl of Bradford, 

' Lord Steward, Earl of Romney, Queen's 

' Duke of Bolton, Earl of Ranelagh, tance." 

* Duke of Schomberg, Lord Ferrers, 

^ Duke of Leeds, Lord Godolphin, 

' Lord Great Chamber- Mr. Comptroller, 

' lain, Mr. Vice Chamberlain, 

' Earl Marshal, Mr. Secretary Vernon, 

' Lord High Admiral, Mr. Chancellor of the Ex- 

' Lord Chamberlain, chequer, 

' Earl of Dorset, Lord Chief Justice, 

* Earl of Manchester, Sir Charles Hedges, 
' Earl of Stamford, Mr. Smith. 

' Earl of Burlington, 

' This day the several proprietors of East and West 
' New-Jersey, in America, did in person, present a 

* deed of surrender by them executed under their hands 
"* and seals, to her majesty in council, and did acknow- 

' ledge 



220 TheHISTOEY 

A. D. ' ledge the same to be their act and deed ; and humbly 
1702. i ^q^\yq ]ig|. majesty to accept the same, that it might 

* be enrolled in the court of chancery, whereby they 

* did surrender their power of the government of those 
' plantations : Which her majesty graciously accepted, 
' and was pleased to order, as it is hereby ordered, that 
'the same be enrolled in her majesty's said high court 
' of chancerv ; and tiie said instruments are to be dcli- 
' vered to JNIr. Attorney General, who is to take care 
' that the same be enrolled accordingly. 

Lonl Directly after the surrender, Edward lord viscount 

Cornbury, grandson to the great chancellor Clarendon, 
was appointed governor of New-Jersey ; his commis- 
sion was as foUoweth : 

* Anne, by the grace of God, of England, Scot- 
' land, France and Ireland, Queen, defender of the 

* faith, &c. To our trusty and well beloved Edward 
' Hyde, esquire, commonly called lord Cornbury^ 
'greeting: Whereas in the government of that coun- 

* try, which was formerly granted by king Charles 
' the second, under the name of Nova-Csesaria, or 

* New-Jersey, and which has since been subdivided by 

* the proprietors, and called East New-Jersey, and 

* West New-Jersey, such miscarriages have happened, 
' that the said country is fallen into disorder and confu- 
' sion ; which has accordingly been represented to our 

* dearest brother the late king, in several petitions, 

* memorials and other papers, signed by the general 
' proprietors, and by great numbers of the iidiabitants ; 

* and by means of that disorder the publick peace and 
' administration of justice, whereby the properties of 
' our subjects should be preserved there, is interrupted 
' and violated, and the guard and defence of that 

* country so totally neglected, that the same is in immi- 
' nent danger of being lost from the ci'own of England : 
' And whereas the aforesaid proprietors being sensible 

* that the said country, and our good subjects the inha- 
' bitants thereof, cannot be defended and secured by 
' any other means then by our taking the government 

'of 



Of NEW-JERSEY. 221 

* of the same under our immediate care, have executed A. D. 
' and made a formal and entire surrender of their '" • 
' right, or pretended right and title to the government 

* of that country unto us : We therefore, reposing 
' especial trust and confidence in the prudence, cou- 
' rage and loyalty of you the said lord Cornbury, out 
' of our especial grace, certain knowledge, and meer 
' motion, hath thought fit to constitute and appoint, 
' and by these presents do constitute and appoint you 
' the said lord Cornbury, to be our captain general and 
' governor in chief, in and over the aforesaid country 
' of Nova-Csesaria, or New-Jersey, viz. the division 
' of East and West New-Jersey, in America, which 

* we have thought fit to reunite into one province, and 
' settle under one entire government : And we do here- 
' by require and command you, to do and execute all 
' things in due manner that shall belong unto your said 
' command, and the trust we have reposed in you, 
' according to the several powers and directions granted 
' or appointed you by this present commission, and 
' the instructions and authorities herewith given you, 
' or by such further powers, instructions or authorities 
' as shall at any time hereafter be granted, or appointed 
' you under our signet and sign manual, or by our 
' order in our privy council, and according to such 

* reasonable laws and statutes as shall be made and 

* agreed upon by you, with the advice and consent of 
' the council and assembly of our said province, under 

* your government, in such manner and form as is 
' hereafter expressed. And our will and pleasure is, 
' that you the said lord Cornbury, having after the 
' proclamation of these our letters patents, first taken 

* the oaths appointed by act of parliament to be taken 
' instead of the oath of allegiance and supremacy, and 
' the oath mentioned in an act, entitled. An act to 

* declare the altevdiion in the oath appointed to he taken, 
' by the act, entitled. An act for the further security of 
*■ his majesty's person, and the succession of the crown in 

* the -protestaM line, and for the extinguishing the hopes 

* of the pretended prince of Wales, and all other pretenders 

* and 



J22 



The history 



' and their open and secret abettors, and for the declaring 
' the association to be determined; as also the test menti- 

* oned in the act of parliament made in the twenty fifth 

* year of the reign of king Charles the second, entitled, 
' An act fur preventing dangers which may happen from 

* popish recusants ; together with the oath for the due 
' execution of the office and trust of our captain gene- 

* ral and governor in chief, in and over our said pro- 

* vince of Nova-Csesaria, or New-Jersey, as well with 

* regard to the equal and impartial administration of 
'justice, in all causes that shall come before you, as 

* otherwise ; and likewise the oath required to be taken 

* by governors of plantations, to do the utmost that 

* the laws relating to the plantations be observed ; all 
' which our council in our said province, or any three 
' of the members thereof, have hereby full power and 
' authority, and are required to administer unto you ; 
' and in your absence our lieutenant governor, if there 

* l)e any upon the place ; you shall administer unto 
' each of the members of our said council, as also to 

* our lieutenant governor, if there be any upon the 

* place, as well the oath appointed by the act of parli- 

* anient to be taken instead of the oath of allegiance 

* and supremacy, and the oath mentioned in the said 
' act, entitled. An act to declare the alteration in the 
' oath appninied to be taken by an act, entitled, An act 
^ for the further security of his majesty^ s person, and the 
' succession of the crown in the protestant line, and, for 

* extinguishing the hopes of the pretended prince of Wales, 

* and all other pretenders, and their open and secret abet- 

* tors, and for declaring the association to be determined ; 
' as the forementioned test, and the oath for the due 
' execution of their places and trusts. And we do 

* hereby give and grant unto you, full power and 
' authority, to suspend any of the members of our said 
' council from sitting, voting, and assisting therein, 

* if you shall see just cause for so doing: And if it 

* shall at any time happen, that by the death, departure 
"* out of our said province, or suspension of any of our 
■* said councellors, or otherwise, there shall be wanting 



OfNEW-JERSEY. 22S 

* in our said council, any three whereof we do appoint ^- ^■ 
'to be a quorum, our will and pleasure is, that you 

* signify the same unto us, by the first opportunity, 
'that we may under our signet and sign manual, consti- 
' tute and appoint others in their stead ; but that our 
'affairs may not suffer at that instant, for want of a 
'due number of councellors, if ever it should happen 
'that there should be less than seven of them residing 
'in our said province, we do hereby give and grant 
'unto you the said lord Cornbury, full power and 
'authority to chuse as many persons out of the princi- 
'pal freeholders, inhabitants thereof, as will make up 
' the full number of our said council to be seven, and 
' no more ; which persons so chosen and appointed by 
'you, shall be to all intents and purposes councellors 
'in our said province, until either they shall be con- 
' firmed by us, or that by the nomination of others by 
' us, under our sign manual and signet, our said council 
'shall have seven or more persons in it. And we do 
'hereby give and grant unto you, full power and 
'authority, with the advice and consent of our said 
'council from time to time, as need shall require, to 
'summon and call general assemblies of the freeholders 
'and planters within your government, in manner 
'and form as shall be directed in our instructions which 
'shall be given you,, together with this our commis- 
'sion. Our will and pleasure is, that the persona 
'thereupon duly elected, by the major part of the 
'freeholders of the respective counties and places sO' 
'returned, and having before sitting, taken the oaths 
' appointed by act of parliament to be taken instead of 
'the oaths of allegiance and supremacy, and the oath 
' mentioned in the aforesaid act, entitled. An act to 
' declare the alteration in the oath appointed to be taken by 
' the act, entitled. An act for the further securUy of 
' his majesty's person, and the succession of the crown in 
' the protestant line, and for extinguishing the hopes of 
' the pretended prince of Wales, arid all other pretenders, 
'and their open and secret abettors, and for declaring the 
' association to be determined ; as also the aforementioned 

'test. 



224 



The history 



'test: Which oath you shall commissionate fit persons 
'under our seal of Nova-CffivSaria, or New-Jersey, to 
'administer imto them, and without taking of which 
'oaths and subscribing the said test, none shall be 
'capable of sitting though elected, shall be called and 
' held the general assembly of that our province, and 
'that you the said lord Cornbury, by and with the 
'advice and consent of our council and assembly, or 
*the major part of them respectively, shall have full 
' power and authority to make, constitute and ordain 
^laws, statutes and ordinances, for the public peace, 
'welfare and good government of our said province, 
'and of the people and inhabitants thereof, and such 
' others as shall resort thereto, and for the benefit of 
'us, our heirs and successors, which said laws, statutes, 
*and ordinances are not to be repugnant, but as 
*near as may be, agreeable unto the laws and statutes 
'of this our kingdom of England; provided that all 
'such laws, statutes and ordinances, of what nature 
'or duration soever, be within three months or sooner, 
'after the making thereof, transmitted to us, under 
'our seal of Nova-Csesaria, or New- Jersey, for our 
^approbation or disallowance of them, as also dupli- 
'cates thereof by the next conveyance, or in case any 
' or all of them being not before confirmed by us, shall 
^at any time be disallowed and not approved, and so 

* signified by us, our heirs or successors, under our or 
' their sign manual and signet, or by order of our or 
' their privy council, unto you the said lord Cornbury 
'or to the commander in chief of our said province 
' for the time being, then such and so many of them 
'as shall be disallowed and not approved shall from 

* henceforth cease, determine, and become utterly void 
' and of none eifect, any thing to the contrary thereof 
' notwithstanding. And to the end that nothing may 

* be passed or done by our said council or assembly, to 
' the prejudice of our heirs and successors, we will and 
^ordain, that you the said lord Cornbury, shall have 

* and enjoy a negative power in the making and passing 
' of all laws, statutes and ordinances as aforesaid. And 

'that 



OfNEW-JERSEY. 225 

^ that yon shall and may likewise from time to time, as ^- ^• 
^you shall judge it necessary, adjourn, prorogue and ^^^^* 

* dissolve, all general assemblies. Our will and plea- 

* sure is, that you shall and may use and keep the pub- 
*lick seal of our province of Nova-Csesaria, or New- 
^ Jersey, for sealing all things whatsoever that pass 
' the great seal of our said province under your govern- 
' ment. And we do further give and grant unto you 
'the said lord Cornbury, full power and authority, 
'from time to time, and at all times hereafter, by 
'yourself, or by any other to be authorized by you 
'in that behalf, to administer and give the oaths 
'appointed by act of parliament, instead of the oath 
' of allegiance and supremacy, to all and every such 
' person and persons as you shall think fit, who shall 
'at any time or times pass into our said province, or 
'shall be resident or abiding there. And do further 
'give and grant unto you, full power and authority, 

* with the advice and consent of our said council, to 
'erect, constitute and establish such and so many courts 
'of judicature and publick justice within our said pro- 
' vince under your government, as you and they shall 
'think fit and necessary, for the hearing and determin- 
^ing of all causes as well criminal as civil, according 
' to law and equity, and for awarding execution there- 
' upon, with all reasonable and necessary powers, autho- 
' rities, fees and privileges belonging unto them ; and 
'also to appoint and commissionate fit persons in the 
'several parts of your government, to administer the 
'oaths appointed by act of parliament to be taken 
^instead of the oath of allegiance and supremacy, and 
'the oath mentioned in the aforesaid act, entitled, An 
' act to declare the alteration in the oath to be taken by the 
'act, entitled. An act for the further security of his 
' majesty's person, and the succession of the crown in the 
' protestant line, and for the extinguishing the hopes of 
' the pretended prince of Wales, and all other pretenders, 
■' and their open and secret abettors, and for declaring 
^ the association to be determined ; as also the test unto 
•'such persons as shall be obliged to take the same. 

p 'And 



226 



The history 



And we do hereby authorize and impower you, to 
constitute and appoint judges, and in cases requisite 
commissioners of oyer and terminer, justices of the 
peace, and other necessary officers and ma2;istrates in 
our said province, for the better administration of 
justice, and putting the laws in execution, and to 
administer, or cause to be administered unto them, 
such oatii or oaths as are usually given for the due 
execution and performance of offices and places, and 
for the clearing of truth in judicial causes. And we 
do hereby give and grant unto you, full power and 
authority, where you shall see cause, or judge any 
offender or offenders in criminal matters, or any fines 
or forfeitures due unto us, fit objects of our mercy, to 
pardon all such offenders, and to remit all such offen- 
ces, fines and forfeitures, treasons and wilful murder 
only excepted ; in which case you shall likewise have 
power uj)on extraordinary occasions, to grant re|)ricves 
to the offenders, until and to the intent our roval plea- 
sure may be known therein. And we do by these pre- 
sents, authorise and impower you to collate any person 
or persons to any churches, cha})els or other ecclcsia- 
cal benefices within our said province, as oi'ten as 
any of them shall hap])cu to be void. And we do 
hereby give and grant unto you the said lord Cornbury, 
by yourself, and by your captains and commanders 
by you to be authorised, full ])owor and autiiority to 
levy, arm, muster, command and employ all ])ersons 
whatsoever residing Avithin our said province of Nova- 
Cfcsaria, or Xew-Jersey, and as occasion shall serve, 
them to transport from one place to another for the 
resisting and withstanding of all enemies, pirates, and 
rebels, both at sea and land, and to transport such for- 
ces to any of our i)lantations in Ameri(;a, if necessity 
shall require, for the defence of the same, against the 
invasion and attempts of any of our enemies, pirates 
and rebels, if there shall be occasion, to ])ursue and 
prosecute in or out of the limits of our said province 
and plantations, or any of them ; and if it shall please 
God them to vanquish, apprehend and take, and 

' being 



OfNEW-JEKSEY. 227 

' being taken, either according to law to put to death, A. D. 

* or keep and preserve alive at your discretion, and to 
' execute martial law, in time of invasion, insurrection 
' or war, and to do and execute all and every other 
' thing and things, which to any captain general and 

* governor in chief doth or ought of right to belong. 
' And we do hereby give and grant unto you full 
' power and authority, by and with the advice and 
' consent of our said council, to erect, raise and build 
' in our said province of Nova-Csesaria, or New-Jersey, 
' such and so many forts, platforms, castles, cities, 
' boroughs, towns, and fortifications, as you, by the 
' advice aforesaid, shall judge necessary, and the same, 

* or any of them, to fortify and furnish with ordinance, 
' ammunition, and all sorts of arms fit and necessary 

* for the security and defence of our said province ; 
' and by the advice aforesaid, the same or any of 

* them again to demolish or dismantle as may be most 
' convenient. And forasmuch as many mutinies and 

* disorders may happen, by* persons shipped and em- 
' ployed at sea, during the time of war ; to the end 
' that such may be better governed and ordered, we 
' do hereby give and grant unto you the said lord 
' Cornbury, full power and authority, to constitute 
'and appoint captains, lieutenants, masters of ships, 
' and other commanders and officers, and to grant 
' unto such captains, lieutenants, masters of ships, 
' and other commanders and officers, commissions, 

* to execute the law martial during the time of war, 
' and to use such proceedings, authorities, correcti- 
' ons, executions, upon any offender or offenders 
' who shall be mutinous, seditious, disorderly, or 
' any ways unruly at sea, or during the time of their 
' abode or residence in any of the ports, harbours, or 
' quays of our said province, as the cause shall be found 
' to require, according to martial law, during the time 

* of war as aforesaid. Provided, that nothing herein 
' contained, shall be construed to the enabling you, 
' or any by your authority, to hold plea or have any 

'jurisdiction 



228 



The history 



'jurisdiction of any offence, cause, matter or thing 
'committed or done upon the high sea, or within 
' any of the harbours, rivers or creeks of our said pro- 

* vince under your government, by any captain, com- 

* mander, lieutenant, master, officer, seaman, soldier, 
' or other person whatsoever, who shall be in actual 
' service and pay, in or aboard any of our ships of 

* war, or the vessels acting by immediate commission 
' or warrant from our liigh admiral of England, under 
' the seal of our admiralty, or from the commissioners 
' for executing the office of our hig-h admiral of Ens:- 
' land for the time being ; but that such captain, com- 

* mander, lieutenant, master, officers, seaman, soldiers, 
' and other persons offending, shall be left to be pro- 

* ceeded against as the merit of their offences shall 
' require, either by commission under our great seal of 

* England, as the statute of the twenty-eighth of king 

* Henry the eighth directs, or by commission from our 
^ high admiral of England, or from our commissioners 
' for executing the office of our high admiral of 
' England, for the time being, according to the act of 
' parliament passed in the thirteenth year of king Cliarles 

* the second, entitled. An act for establishing articles 
' and orders, for the regulating and better government of 
' his majesty's navy, ships of war, and forces by sea, 

* and not otherwise. Provided nevertheless, that 

* all disorders and misdemeanors committed on shore 

* by any captain, commander, lieutenant, master, offi- 
^ cer, seaman, soldier, or any other person whatso- 

* ever, belonging to any of our ships of war, or other 

* vessels acting by immediate commission, or warrant 
' from our high admiral of England, under the seal of 

* our admiralty, or from our commissioners for execut- 

* ing the office of high admiral of England, for the time 

* being, may be tried and punished according to the laws 
' and place where any such disorders, offences and mis- 

* demeanors, shall be committed on shore, notwith- 

* standing such offender be in our actual service and in 

* our pay on board any such our ships of war or other 

* vessels, acting by immediate commission or warrant 

' irom 



Of N E W- JERSEY. 229 

'from our hio;h admiral, or from our commissioners A- D, 
' for executing the office of high admiral for the time '^'" 

* being as aforesaid, so as he shall not receive any pro- 

* tection for the delaying of justice, for such offences 

* committed on shore, from any pretence of his being 
' employed in our service at sea. Our will and plea- 

* sure is, that all publick money raised, or that shall be 
' raised, by any act hereafter to be made within our said 

* })rovince, and issued out by warrant from you, by and 
' with the advice and consent of our council, and dis- 
' posed of by you for the support of the government, 

* and otherwise ; we do hereby give you the said lord 

* Cornbury, full power and authority, to order and ap- 
' point fairs, marts, and markets, as also such and so 
' many ports, harbours, quays, havens, and other places 
' for the conveniency and security of shipping, and for 
' the loading and unloading of goods and merchandize, 

* as by you, with the advice and consent of our said 
' council, shall be thought fit and necessary. And we 
' do hereby require and command of all officers and magi- 
' strates, civil and military, and all other the inhabitants 
' of our said province, to be obedient, aiding and assist- 

* ing unto you the said lord Cornbury, in the execution 

* of this our commission, and of the powers and 

* authorities herein contained ; and in case of your death 

* or absence out of our said province, to be obedient, 

* aiding and assisting to such person as shall be appointed 
' by us, to be our lieutenant governor or commander 
' in chief of the said province, to whom we do there- 

* fore by these presents, give and grant all and siugu- 
^ lar the privileges and authorities aforesaid, to be by 

* him executed and enjoyed during our pleasure, or until 

* your arrival within our said province: And if upon 
^ your death or absence out of our said province, there 
' be no person upon the place commissionated or ap- 
' pointed by us to be our lieutenant governor, or com- 
' mander in chief of the said province ; our will and 

* pleasure is, that the then present council of our said 
' province, do take upon them the administration of the 
'government, and execute this commission, and the 

* several 



230 



The history 



A. D. 

1702. 



' several powers and authorities herein contained, and 

* that such councellor who shall be at the time of your 
' death or absence, residing within our said province, 

* and nominated by our instructions to you, before any 
' other at that time residing tliere, do preside in our said 
' council, with such privileges and preheminences as may 

* be necessary in those circumstances, for the due and 
' orderly carrying on the' pubiick service in the admi- 

* nistratiou of the government as aforesaid, until our 
' pleasure be further known, or until your return. 

* Lastly, we do hereby declare, ordain and appoint, 

* that you the said lord Cornbury, shall and may hold, 
' execute and enjoy the otlice and place of captain 
' general and governor in chief, in and over our pro- 

* viuce of Nova-Ciesaria, or Xew-Jersey, together 
' with all and singular the powers and authorities hereby 

* granted unto you, for and during our will and plea- 

* sure, from and after the publication of this our Com- 
' mission. In witness whereof we have caused these 

* our letters to be made patents: Witness ourself at 

* Westminster, the fifth day of December, in the first 

* year of our reign. 



CHAP. XIII. 



Lord Corn 
bury's in- 
BtructioDS. 



Instructions Jrom Queen Anne to Lord Cornbury. 

' Instructions for our right trusty and well beloved 

* Edward lord Cornbury, our captain general and 

* governor in chief, in and over our province of 
' Nova-Csesaria, or New- Jersey, in America. Given 
' at our court at St. James's, the sixteenth day of 

* November, 1702, in the first year of our reign. 

' 1 "T X TITH these our instructions you will receive 
V V our commission under our great seal of 

* England, constituting you our cajitain general and go- 

* vernor in chief of our province of New-Jersey. 

' 2. You 



Of NEW-JERSEY. 231 

' 2. You are with all convenient speed to repair to A. D. 

* our said province, and being there arrived, you are 

* to take upon you the execution of the place and trust 

* we have reposed in you, and forthwith to call together 

* the following persons, whom we do by these presents 

* appoint and constitute members of our council in 
^ and for that province, viz. Edward Hunloke, Lewis 
■^ Morris, Andrew Bowne, Samuel Jenings, Thomas 

* Revell, Francis Davenport, William Pinhorne, Sa- 

* muel Leonard, George Deacon, Samuel Walker, 
^ Daniel Leeds, William Sandford, and Robert 

* Quarry ,<• esquires. 

3. And you are with all due solemnity, to cause 

* our said commission under our great seal of England, 

* constituting you our captain general and governor 

* in chief as aforesaid, to be read and published at 

* the said meeting of our council, and to cause pro- 

* clamation to be made in the several most publick 
^ places of our said province, of your being constituted 

* by us our captain general and governor in chief as 

* aforesaid. 

' 4. Which being done, you shall yourself take, and 

* also administer to each of the members of our said 
^ council so appointed by us, the oaths appointed by act 
•* of parliament to be taken instead of the oaths of alle- 
^ giance and supremacy, and the oath mentioned in 

* an act, entitled. An act to declare the alteration in the 

* oath appointed to be taken by the act, entitled, An act 
'for the further security of his majesty's person, and the 

* succession of the crown in the protestant line, and for 

* extinguishing the hopes of the pretended prince of 
' Wales, and all other pretenders, and their open and secret 
' abettors, and for declaring the association to be deter- 
' mined ; as also the test mentioned in an act of par- 

' 1 lament 



t. Quarry was said to be of the council for five governments at 
one time, viz. New-York, New-Jersey, Pennsylvania, Maryland, 
and Virginia; he died about the year 1712. Beverly in his history 
of Virginia, p. 92, 96, 97, represents him as joining with Nichol- 
son, the then governor of that colony, in unfavourable represen- 
tations against the colonies. 



232 



The history 



' liament made in the twenty fifth year of the reign of 

* king: Charleys the second, entitled, An act for pre- 
' venting dangers which may happen from popish recu- 

* sants ; together with an oath for the due execution of 
' your and their places and trusts, as well with regard 

* to the equal and impartial administration of justice 
' in all causes that shall come before you, as otherwise^ 
' and likewise the oath required to be taken by gover- 
' nors of plantations, to do their utmost, that the laws 

* relating to the plantations be observed. 

' 5. You are forthwith to communicate unto our said 
'council, such and so many of these our instructions, 
' wherein their advice and consent are mentioned to be 

* requisite, as likewise all such otiiers from time to 
' time, as you shall find convenient for our service to 
' be imparted to them. 

' 6. And whereas the inhabitants of our said pro- 
' vince have of late years been unhappily divided, and 
' by their enmity to each other, our service and their 
' own welfare has been very much obstructed ; you are 
' therefore in the execution of our commission, to 

* avoid the engaging yourself in the parties which have 

* been form'd amongst them, and to use such impartia- 

* lity and moderation to all, as may best conduce to our 

* service, and the good of the colony. 

' 7. You are to permit the members of our said 
' council, to have and enjoy freedom of debate and 

* vote, in all affairs of publick concern, that may be 
' debated in council. 

* 8. And altho' by our commission aforesaid, we 
' have thought fit to direct that any three of our coun- 

* cellors make a quorum, it is nevertheless our will 

* and pleasure, that you do not act with a quorum of 

* less than five members, except in case of necessity. 

' 9. And that we may be always informed of the 
' names and characters of persons fit to supply the va- 

* cancies which shall happen in our said council, you 
' are to transmit unto us, by one of our principal secre- 

* tary's of state, and to our commissioners for trade and 

* plantations, with all convenient speed, the names and 

' characters. 



Of NEW-JERSEY. 233 

* characters of six persons, inhabitants of the eastern A. D. 
' division, and six other persons inhabitants of the 

' western division of our said province, whom you shall 

* esteem the best qualified for that trust ; and so from 

* time to time when any of them shall die, depart out 
' of our said province, or become otherwise unfit, you 
' are to nominate unto us so many other persons in 

* their stead, that the list of twelve persons fit to supply 
' the said vacancies, viz. six out of the east, and six out 

* of the west division, as aforesaid, may be always 
' compleat. 

' 10. You are from time to time to send to us as 
' aforesaid, and to our commissioners for trade and 
' plantations, the names and qualities of any members 
' by you put into our said council, by the first conve- 

* niency after your so doing. 

'11. And in the choice and nomination of the 
' members of our said council, as also of the principal 
' officers, judges, assistants, justices and sheriffs, you 
' are always to take care that they be men of good 

* life, and well affected to our government, of good 

* estates and abilities, and not necessitous people or 

* much in debt. 

* 12. You are neither to augment nor diminish the 
' number of our said council, as it is hereby established, 

* nor to suspend any of the present members thereof 
' without good and sufficient cause : And in case of 
'suspension of any of them, you are to cause your 

* reasons for so doing, together with the charges and 
' proofs against the said persons, and their answers 

* thereunto (unless you have some extraordinary reason 

* to the contrary) to be duly entered upon the council 

* books ; and you are forthwith to transmit the same, 
' together with your reasons for not entering them 
' upon the council books, (in case you do not enter 
' them) unto us and to our commissioners for trade and 

* plantations as aforesaid. 

* 13. You are to signify our pleasure unto the mem- 

* hers of our said council, that if any of them shall at 
*any time hereafter absent themselves, and continue 

' absent 



234 The HISTORY 

A. D. ' absent above the space of two months together from 

1702. i Q^j, gg^j^i province without leave from you, or from our 

' governor or commander in chief of our said province, 

' for the time being, first obtained ; or shall remain 

* absent for the space of two years, or the greater part 
' thereof successively, without our leave given them 

* under our royal sign manual ; their place or places in 
' our said council, shall immediately thereupon become 

* void, and that we will forthwith appoint others in 

* their stead. 

' 14. And in order to the better consolidating and 
' incorporating the two divisions of East and West 

* New-Jersey, into and under one government, our will 

* and pleasure is, that with all convenient speed, you call 

* together one general assembly for the enacting of laws 
'for the joint and mutual good of the whole; and that 
' the said general assembly do sit in the first place at 

* Perth- Am boy, in East New- Jersey, and afterwards 

* the same, or other the next general assembly, at Bur- 
' lington, in West New-Jersey ; and that all future 

* general assemblies do set at one or the otiier of those 

* places alternately, or (in cases of extraordinary neces- 

* sity) according as you with the advice of our foresaid 

* council, shall think to ap})oint them. 

' 15. And our further will and pleasure is, that the 
' general assembly so to be called, do consist of four and 

* twenty representatives, Avho are to be chosen in the 

* manner following, viz. two by the inhabitants house- 

* holders of the city or town of Perth-Amboy, in East 

* New-Jersey ; two by the inhabitants householders of 
' the city and town of Burlington in West New-Jersey ; 

* ten by the freeholders of East New-Jersey, and ten 
' by the freeholders of West New-Jersey ; and that no 

* person shall be capable of being elected a representa- 

* tive by the freeholders of either division, or after- 

* wards of sitting in general assemblies, who shall not 

* have one thousand acres of land, of an estate of 

* freehold, in his own right, within the division for 

* which he shall be chosen ; and that no freeholder shall 

* be capable of voting in the election of such represen- 

' tative 



Gf new-jersey. 235 

* tative, who shall not liave one hundred acres of land A. D. 
"* of an estate of freehold in his own right, within the ^T^^ 
■* division for which he shall so vote : And that this 

^ number of representatives shall not be enlarged or 
^ diminished, or the manner of electing them altered, 
■* otherwise than by and act or acts of the general assem- 
^ bly there, and confirmed by the approbation of us, 
■* our heirs and successors."- 

'16. You 

u. This clause was soon altered as follows : 
'Anne R. 
'Additional instructions to uur riglit trusty and well beloved Edward 
'lord Cornbury, our captain general and governor in cliief, in 
'and over our province of Nova-Csesaria, or New-Jersey, in 
'America: Given at our court of St. James's, the third of May 
' 1705, in the fourth year of our reign. 

' Whereas by a clause in our general instructions to yon, for 
'the government of our province of New-Jersey, the representa- 
'tivesforthe general assembly of that province are appointed to 
'be chosen as follows, viz. two by the inhabitants house holder? 
'of the city or town of Pertli-Amboy, in East New-Jersey ; two 

* by the inhabitants house holders of the city and town of Burlington, 
'in West New-Jersey; ten by the freeholders of East New-Jersey, 
'and ten by the freeholders of West New-Jersey: And it having 
'been represented to us by you our governor, that several inconveni- 
' encies have arisen from the aforesaid manner of chusing representa- 
'tives; it is our will and pleasure, and you are accordingly to make 
'the same known in the most publick manner, that the method for 
'chusing representatives for the future be as follows, viz. two by 
'the inhabitants house holders of the city or town of Perth-Amboy, 
' in East New-Jersey, and two by the freeholders of each ol the 
'five counties of the said division of East New- Jersey ; two by the 
'inhabitants housholders for the city or town of Burlington, in 
' West New-Jersey ; two by the inhabitants householders of the town 
'of Salem, in the said division, and two by the freeholders of each 
'of the four counties in the said division of West New- Jersey ; 
' which persons so to be chosen make up together the number of 
'twenty four representatives, as limited by our former instructions. 

'And it is our further will and pleasure, that no person shall be 
'capable of being elected a representative by the freeholders of 
'either division as aforesaid, or afterwards of sitting in general 
'assemblies, who shall not have one thousand acres of land of an 
'estate of freehold in his own right, within the division for which 
'he shall be chosen, or personal estate in money, goods or chattels, 
'to the value of five hundred pounds sterling; and all inhabitants 
' of our said province being so qualified as aforesaid, are hereby de- 
"' Glared capable of being elected accordingly : And it is likewise our 

' pleasure 



236 



The HISTOEY 



A. D. 
1702. 



' 16. You are with all convenient speed to cause a 
'collection to be made of all the laws, orders, rules, 
' or such as have hitherto served or been reputed as laws 
' amongst the inhabitants of our said province of Nova- 
' Cfesaria, or New-Jersey, and, together with our afore- 
' said council and assembly, you are to revise, correct, 
' and amend the same, as may be necessary ; and accord- 
' ingly to enact such and so many of them, as by you 
' with the advice of our said council and assembly, shall 
' be judged proper and conducive to our service, and 
' the welfare of our said province, that they may be 
' transmitted unto us, in authentic form, for our appro- 
' bation or disallowance. 

' 17. You are to observe in the passing of the said 
' laws, and of all other laws, that the stile enacting the 
' same, be by the governor, council and assembly, and 
' no other. 

' 18. You are also as much as possible to observe, in 
' the passing of all laws, that whatever may be requisite 

' upon 



'pleasure, that no freeholder shall be capable of voting in the 
'election of such representatives, who shall not have one liundred 
'acres of land of an estate of freehold in his own right, within 
'the county for which he shall so vote, or a personal estate in 
'money, goods or chattels, to the value of fifty pounds sterling; 
'and all freeholders in our said province being so qualified as afore- 
'said, are hereby declared capable of voting in the election of 
'ref)resentatives ; which number of representatives shall not be 
'enlarged or diminished, or the manner of electing them thereby 
'directed, altered there, otherwise than by an act or acts of the 
'general assembly, to be confirmed by the approbation of us, our 
'heirs and successors. And whereas it may be inconvenient, that 
'the governor and lieutenant governor of our said province of New- 
* Jersey, for both of tliera to be absent from thence at the same 
' time ; it is our will and pleasure, that as soon as the general assem- 
*ble of our said province shall have provided a house, and our 
'lieutenant governor with a convenient room for the meeting of 
'our council, and settled convenient salaries, which you are in our 
'name to press them to do, that either you or our lieutenant 
'governor, do constantly reside in our said province, and that you 
'be not both absent at the same time: It is likewise our will and 
'pleasure, that no fees be exacted or taken by anv of the officers 
'under you, for the grants of lands made by the agents of the 
'proprietors; and the said agents are to deliver to yon in council, 
'duplicates of all such grants to be registered in our council books. 



OfNEW -JERSEY. 237 

* upon each different matter, be accordingly provided A. D. 

* for by a different law, without intermixing in one 1702. 
' and the same act, such things as have no proper rela- 

* tion to each other ; and you are especially to take care 

* that no clause or clauses be inserted in, or annexed to 
' any act, which shall be foreign to what the title of 
' such respective act imports. 

' 19. You are to transmit authentic copies of the 
' forementioned laws that shall be enacted, and of all 
' laws, statutes, and ordinances, which shall at any time 
' hereafter be made or enacted within our said province, 
' each of them separately, under the publick seal, 

* unto us, and to our said commissioners for trade and 

* plantations, within three months or by the first oppor- 

* tunity after their being enacted, together with dupli- 
' cates thereof by the next conveyance, upon pain of 
' our high displeasure, and of the forfeiture of that 
' year's salary, wherein you shall at any time, or upon 

* any pretence whatsoever, omit to send over the said 

* laws, statutes and ordinances as aforesaid, within the 
' time above limited, as also of such other penalty as 
' we shall please to inflict. But if it shall happen, that 
' during time of war, no shipping shall come from our 
' said province, or other our adjacent or neighbouring 
' plantations, within three months after the making 
' such laws, statutes, and ordinances, whereby the same 
' may be transmitted as aforesaid, then the said laws, 
' statutes and ordinances are to be so transmitted as 
' aforesaid, by the next conveyance after the making 
' thereof whenever it may happen, for our approbation 
' or disallowance of the same. 

' 20. You are to take care, that in all acts or orders 
' to be passed within that our province in any case for 

* levying money or imposing fines and penalties, ex- 
^ press mention be made that the same is granted or 
' reserved tojas, our heirs or successors, for the publick 
' uses of that our province, and the support of the 
' government thereof, as by the said act or orders shall 

* be directed. 

'21. And 



238 



The history 



A. D. 

1702. 



' 21. And we do particularly require and command, 
' that no money, or value of money whatsoever, be 

* given or granted by any act or order of assembly, to 

* any governor, lieutenant governor, or commander 

* in chief of our said province, which shall not accord- 
' ing to the stile of acts of parliament in England, be 
' mentioned to be given and granted unto us, with the 

* humble desire of such assembly, that the same be 
' applied to the use and behoof of such governor, lieu- 
' tenant governor, or commander in chief, if we shall 

* so think fit; or if we shall not approve of such gift or 
' application, that the said money or value of money, 
' be then disposed of and appropriated to such other 

* uses as in the said act or order shall be mentioned ; and 
' that from the time the same shall be raised, it remain 
' in the hands of the receiver of our said province until 

* our royal pleasure shall be known therein. 

' 22. You shall also propose with the said general 

* assembly, and use your utmost endeavours with them, 

* that an act be passed for raising and settling a publick 

* revenue for defraying the necessary charge of * the 

* government of our said province, in which provision 

* be particularly made for a competent salary to your- 
' self, as captain general and governor in chief of our 

* said province, and to other our succeeding captain 

* generals, for supporting the dignity of the said office, 

* as likewise due provision for the Salaries of the respec- 
' tive members of our council and assembly, and of 
' all other officers necessary for the administration of 
' that government. 

* 23. Whereas it is not reasonable that any of our 
' colonies or plantations should by virtue of any exemp- 
' tions or other privileges whatsoever, be allowed to 
^ seek and pursue their own particular advantages, by 

* methods tending to undermine and prejudice our 

* other colonies and plantations, which have equal title 
' to our royal care ; and whereas the trade and welfare 

* of our province of New- York, would be greatly 

* prejudiced, if not entirely ruined, by allowing unto 
*the inhabitants of Nova-Ceesaria, or New-Jersey, 

'any 



Of NEW-JERSEY. 23& 

' any exemption from those charges, which the inha- A. D. 
' bitants of New-York are liable to; you are therefore ^^^"' 
'in the settling of a public revenue as before directed, 
*to propose to the assembly, that such customs, duties 
'and other impositions be laid upon all commodities 
' imported or exported in or out of our said province 
'of Nova-Caesaria, or New Jersey, as may equal the 
'charge that is or shall be laid upon the like commo- 
' dities in our province of New- York. 

' 2-4. And whereas we are willing in the best manner 
' to provide for the support of the government of our 
'said province, by setting apart sufficient allowances to 
' such as shall be our governor or commander in chief, 
' residing for the time being within the same ; our will 
' and pleasure therefore is, that when it shall happen^ 
' that you shall be absent from the territories of New- 
' Jersey and New- York, of which we have appointed 
'you governor, one full moiety of the salary and of all 
'perquisites and emoluments whatsoever, which would 
'otherwise become due unto you, shall, during the 
' time of your absence from the said territories, be paid 
'and satisfied unto such governor or commander in 
'chief who shall be resident upon the place for the 
' time being, which we do hereby order and allot unto 
' him towards his maintenance, and for the better sup- 
' port of the dignity of that our government. 

' 25. Whereas great prejudice may happen to our 
'service and the security of our said province under 
'your government by your absence from those parts, 
' without a sufficient cause and especial leave from us ; 
' for prevention thereof, you are not upon any pretence 
'whatsoever, to come to Europe from your govern- 
' ment, without first having obtained leave for so 
'doing, under our signet and sign manual, or by our 
' order in our privy council. 

' 26. You are not to permit any clause whatsoever to 
' be inserted in any law for the levying money, or the 
' value of money, whereby the same shall not be made 
'liable to be accounted for unto us here in England, 
' and to our high treasurer, or to our comraissionei'S of 
* our treasury for the time being. ' 27. You 



240 



The history 



A. D. 

1702. 



' 27. You are to take care that fair books of accounts 
of all receipts and payments of all such money be 
duly kept, and the truth thereof attested upon oath, 
and that the said books be transmitted every half year 
or oftner, to our high treasurer, or to our commis- 
sioners of our treasury for the time being, and to our 
commissioners for trade and plantations, and duplicates 
thereof by the next conveyance ; in which books shall 
be specified every particular sum raised or disposed of, 
tx)gether with the names of the persons to whom any 
payment shall be made, to the end we may be satis- 
fied of the right and due application of the revenue of 
our said province. 

* 28. You are not to suffer any publick money what- 
soever, to be issued or disposed of otherwise thai\ by 
warrant under your hand, by and with the advice 
and consent of our said council ; but the assembly 
may be nevertheless permitted from time to time to 
view and examine the accounts of money, or value 
of money disposed of by virtue of laws made by 
them, which you are to signify unto them as there 
shall be occasion. 

' 29. And it is our express will and pleasure, that 
no law for raising any imposition of wines or other 
strong liquors, be made to continue for less than one 
whole year ; as also that all laws whatsoever for the 
good government and support of our said province, 
be made indefinite, and without limitation of time, 
except the same be for a temporary end, which shall 
expire and have its full effect within a certain time. 

' 30. And therefore you shall not re-enact any law 
which shall have been once enacted there by you, 
except upon very urgent occasions, but in no case 
more than once without our express consent. 

'31. You shall not permit any act or order to pass 
in our said province, whereby the price or value of the 
current coin within your government, (whether it be 
foreign or belonging to our dominions) may be 
altered, without our particular leave or direction for 
the same. 

'32. And 



Of new-jersey. 241 

' 32, And you are particularly not to pass any law A, D. 
or do any act, by grant, settlement, or otherwise, 
whereby our revenue, after it shall be settled, may be 
lessened or impaired, without our especial leave or 
commands therein. 

' 33. You shall not remit any fines or forfeitures 
whatsoever, above the sum of ten pounds, nor dis- 
pose of any escheats, fines or forfeitures whatsoever, 
until, upon signifying unto our high treasurer, or to 
our commissioners of our treasury for the time being, 
and to our commissioners for trade and plantations, 
the nature of the oifence and the occasion of such 
fines, forfeitures, or escheats, with the particular 
sums or value thereof, (which you are to do with all 
speed) you shall have received our directions therein ; 
but you may in the mean time suspend the payment 
of the said fines and forfeitures. 

' 34. You are to require the secretary of our said 
province, or his deputy for the time being, to furnish 
you with transcripts of all such acts and publiclc 
orders as shall be made from time to time, together 
with a copy of the journals of the council, to the end 
the same may be transmitted unto us, and to our com- 
missioners for trade and plantations as above directed, 
which he is duly to perform, upon pain of incurring 
the forfeiture of his place. 

' 35. You are also to require from the clerk of the 
assembly, or other proper officer, transcripts of all 
the journals and other proceedings of the said assem- 
bly, to the end the same may in like manner be trans- 
mitted as aforesaid. 

' 36. Our will and pleasure is, that for the better 
quieting the minds of our good subjects, inhabitants 
of our said province, and for settling the properties 
and possessions of all persons concerned therein, either 
as general proprietors of the soil under the first origi- 
nal grant of the said province, made by the late king 
Charles the second, to the late duke of York, or as 
particular purchasers of any parcels of land from the 
said general proprietors, you shall propose to the 
Q ' general 



242 



The history 



' general assembly of our said province, the passing of 

* such act or acts, whereby the right and property of 
' the said general proprietors, to the soil of our said 

* province, may be confirmed to them, according to 
' their respective rights and title ; together with all such 

* quit-rents as have been reserved, or are or shall 

* become due to the said general proprietors, from the 
' inhabitants of our said province ; and all such jirivi- 

* leges as are express'd in the conveyances made by the 

* said duke of York, excepting only the right of 

* government, which remains in us : And you are 
' further to take care, that by the said act or acts so to 
' be passed, the particular titles and estates of all the 
' inhabitants of that 'province, and other purchasers 

* claiming under the said general proprietors, be con- 
' firmed and settled as of right does appertain, under 
' such obligations as shall tend to the best and speediest 
' improvement or cultivation of the same. Provided 

* ALWAYS, that you do not consent to any act or acts, 

* to lay any tax upon lands that lie unprofitable. 

' 37. You shall not permit any other person or 
' persons besides the said general proprietors, or their 
' agents, to purchase any land whatsoever from the 
' Indians within the limits of their grant. 

' 38. You are to permit the surveyors and other persons 
' appointed by the forementioned general proprietors of 

* the soil of that province, for surveying and recording 

* the surveys of land granted by and held of them, to 
' execute accordingly their respective trusts : And you 

* are likewise to permit, and if need be, aid and assist 
' such other agent or agents, as shall be appointed by 
' the said proprietors for that end, to collect and receive 

* the quit-rents w^hich are or shall be due unto them, 

* from the particular possessors of any parcels or tracts 

* of land from time to time. Provided always, 

* that such surveyors, agents or other officers ajipolnted 
' by the said general proprietors, do not only take 
' proper oaths for the due execution and performance 

* of their respective offices or employments, and give 

* good and sufficient securitv for their so doing, but that 

' they 



Of new-jersey. 243 

* they likewise take tlie oaths appointed by act of par- A. D. 

* 1 lament to be taken instead of the oaths of allegiance ^^^'^* 
' and supremacy, and the oath mentioned in the afore- 

' said act, entitled, An act to declare the alteration in the 
' oath appointed to be taken by the act, entitled, An act 
'for the further security of his majesty's person and the 

* succession of the crown in the protestant line, and for 
' extinguishing the hopes of the pretended prince of Wales, 
' and all other pretenders, and their open and secret 
' abettors, and for declaring the association to be deter- 
' mined ; as also the forementioned test. And you are 
' more particularly to take care that all lands purchased 
' from the said proprietors, be cultivated and improved 
' by the possessors thereof. 

' 39. You shall transmit unto us, and to our com- 
' missioners for trade and plantations, by the first oppor- 
' tunity, a map with the exact description of our whole 

* territory under your government, and of the several 
' plantations that are upon it. 

' 40. You are likewise to send a list of officers 
'employed under your government, together with all 
' publick charges. 

' 41. You shall not displace any of the judges, 
'justices, sheriffs, or other officers or ministers within 
' our said province, without good and sufficient cause to 
' be signified unto us, and to our said commissioners for 
' trade and plantations ; and to prevent arbitrary remo- 
' val of judges and justices of the peace, you shall not 
' express any limitation o^ time in the commissions 

* which you are to grant, with the advice and consent 

* of the council of our said province, to persons fit for 
' those employments, nor shall you execute yourself, 
' or by deputy, any of the said offices, nor suffer any 
' persons to execute more offices than one by deputy. 

' 42. Whereas we are given to understand, that 
' there are several offices within our said province 
' granted under the great seal of England, and that our 
' service may be very much prejudiced by reason of the 
' absence of the patentees, and by their appointing 
' deputies not fit to officiate in their stead ; you are 

' therefore 



244 



The history 



A. D. 

1702. 



* therefore to inspect the said offices, and to inquire into 
' the capacity and behaviour of the persons now exer- 

* cising them, and to report thereupon to us, and to 

* our commissioners, for trade and plantations, what 
' you think fit to be done or altered in relation there- 

* unto ; and you are upon the misbehaviour of any of 
' the said patentees, or their deputies, to suspend them 
^ from the execution of their places, till you shall have 

* represented the whole matter and received our directi- 

* ons therein ; but you shall not by colour of any power 
^ or authority hereby or otherwise granted or mentioned 
^ to be granted unto you, take upon you to give, grant 

* or dispose of any office or place within our said pro- 
' vince, which now is or shall be granted under the 
^ great seal of England, any further than that you may 
■* upon the vacancy of any such office or place, or sus- 

* pension of any such officer by you as aforesaid, put 
' in any fit person to officiate in the interval till you 

* shall have represented the matter unto us, and to our 
^ commissioners for trade and plantations as aforesaid, 
^ (which you are to do by the first opportunity) and 
^ till the said office or place be disposed of by us, oui 
' heirs or successors, under the great seal of England, 

* or that our further directions be given therein. 

' 43. In case any goods, money, or other estate of 

* pirates, or piratically taken, shall be brought in, or 

* found within our said province of Nova-Csesaria, or 

* New-Jersey, or taken on board any ships or vessels, 
' you are to cause the same to be seized and secured 

* until you shall have given us an account thereof, and 

* received our pleasure concerning the disposal of the 

* same : But in case such goods or any part of them are 
'perishable, the same shall be publickly sold and dis- 
' posed of, and the produce thereof in like manner 
' secured until our further order. 

' 44. And whereas commissions have been granted 

^ unto several persons in our respective plantations in 

America, for the trying of pirates in those parts pur- 

^ suant to the act for the more effectual suppression of 

^ piracy, and by a commission already sent to our pro- 

' vince 



OfNEW-JEESEY. 245 

vince of New- York, you (as captain general and -A; ^• 
governor in chief of our said province of New- York) ' 

are empowered, together with others therein menti- 
oned, to proceed accordingly in reference to our pro- 
vinces of New- York, New Jersey, and Connecticut; 
our will and pleasure is, that in all matters relating 
to pirates, you govern yourself according to the 
intent of the act and commission aforementioned; but 
whereas accessaries in cases of piracy beyond the seas, 
are by the same act left to be tried in England, 
according to the statute of the second of king Henry 
the eighth, we do hereby further direct and require 
you to send all such accessaries in cases of piracy in 
our aforesaid province of Nova-Csesaria or New- 
Jersey, with the proper evidences that you may have 
against them, into England, in order to their being 
tried here. 

* 45. You shall not erect any court or office of judi- 
cature, not before erected or established, without our 
especial order. 

' 46. You are to transmit unto us and to our com- 
missioners for trade and plantations, with all conve- 
nient speed, a particular account of all establishments 
of jurisdictions, courts, offices, and officers, powers, 
authorities, fees and privileges, which shall be 
granted or settled within the said province, by virtue 
and in pursuance of our commission and instructions 
to you our captain general and governor in chief of 
the same, to the end you may receive our further 
direction therein. 

' 47. And you are with the advice and consent of 
our said council, to take especial care to regulate all 
salaries and fees belonging to places, or paid upon 
emergencies, that they be within the bounds of mode- 
ration, and that no exaction be made on any occasion 
whatsoever; as also, that tables of all fees be pub- 
lickly hung up in all places where such fees are to be 
paid ; and you are to transmit copies of all such tables 
of fees to us, and to our commissioners for trade and 
plantations as aforesaid. 

'48. Whereas 



246 



The history 



A. D. 

1702. 



' 48. Whereas it is necessary that our rights and 
dues be preserved and recovered, and that speedy and 
effectual justice be administered in all cases relating to 
our revenue, you are to take care, that a court of 
exchequer be called and do meet at all such times as 
shall be needful, and you are to inform us and our 
commissioners for trade and plantations, whether our 
service may require that a constant court of exchequer 
be settled and established there. 

* 49. You are to take care that no man's life, mem- 
ber, freehold, or goods be taken away or harmed in 
our said province, otherwise than by established and 
known laws, not repugnant to, but as much as may 
be, agreeable to the laws of England. 

' 50. You shall administer, or cause to be admini- 
stred, the oaths appointed by act of parliament to be 
taken instead of the oaths of allegiance and supremacy, 
and the oath mentioned in the aforesaid act, entitled, 
An act to declare the alteration in the oath appointed 
to he taken by the act, entitled, An act for the further 
security of his majesty's person, and (he succession of the 
crown in the protestant line, and for extinguishing the 
hopes of the pretended prince of Wales, and all other 
pretenders, and their open and seo^et abettors, and for 
declaring the association to be determined ; as also the 
foreraentioned test, to the members and officers of 
the council and assembly, and to all judges, justices, 
and all other persons that hold any office or place of 
trust or profit in the said province, whether by virtue 
of any patent under our great seal of England, or 
otherwise, without which you are not to admit any 
person whatsoever into any publick office, nor suffer 
those who have been admitted formerly to continue 
therein. 

* 51. You are to permit a liberty of conscience to 
all persons (except papists) so they may be contented 
with a quiet and peaceable enjoyment of the same, 
not giving offence or scandal to the government. 

' 52. And whereas we have been informed, that 
'divers of our good subjects inhabiting those parts, 

'do 



Of new-jersey. 247 

■* do make a religious scruple of swearing, and by reason A. D. 
^ of their refusing to take an oath in courts of justice 1702. 

* and other places, are or may be liable to many incon- 
' veniencies ; our will and pleasure is, that in order to 

* their ease in what they conceive to be matter of con- 
' science, so far as may be consistent with good order 

* and government, you take care, that an act be passed 

* in the general assembly of our said province, to the 

* like effect as that passed here in the seventh and eighth 
' years of his majesty's reign, entitled. An act, that 
' the solemn affirmation and declaration of the people 
' called Quakers, shall be accepted, instead of an oath in 
' the usual form, and that the same be transmitted to 

* us, and to our commissioners for trade and plantations 
' as before directed. 

' 53. And whereas we have been further informed, 
' that in the first settlement of the government of our 
' said province, it may so happen, that the number of 
' inhabitants fitly qualified to serve in our council in 

* the general assembly, and in other places of trust or 

* profit there, will be but small ; it is therefore our will 
^ and pleasure, that such of the said people called 

* quakers, as shall be found capable of any of 'those 

* places or employments, and accordingly be elected or 

* appointed to serve therein, may upon their taking 

* and signing the declaration of allegiance, to us in the 

* form used by the same people here in England, toge- 

* ther with a solemn declaration for true discharge of 

* their respective trusts, be admitted by you into any 

* of the said places or employments. 

' 54. You shall send an account unto us, and to our 

* commissioners for trade and plantations, of the pre- 

* sent number of planters and inhabitants, men women 
' and children, as well masters as servants, free and 

* unfree, and of the slaves in our said province, as 
' also a yearly account of the increase or decrease of 

* them, and how many of them are fit to bear arms in 
' the militia of our said province. 

' 55. You shall also cause an account to be kept of 
''all persons born, christened and buried, and you 

' shall 



248 



The history 



shall yearly send fair abstracts thereof to us, and to our 
commissioners for trade and plantations as aforesaid. 

* 56. You shall take care, that all planters and chri- 
stian servants, be well and fitly provided with arms, 
and that they be listed under good officers, and when 
and as often as shall be thought fit, mustered and 
trained, whereby they may be in a better readiness 
for the defence of our said province under your 
government ; and you are to endeavour to get an act 
pass'd, (if not already done) for apportioning the 
number of white servants to be kept by every planter. 

' 57. You are to take especial care, that neither the 
frequency, nor unreasonableness of their marches,, 
musters and trainings, be an unnecessary impediment 
to the affairs of the inhabitants. 

' 58. You shall not, upon any occasion whatsoever, 
establish, or put in execution, any articles of war, 
or other law martial, upon any of our subjects, inha- 
bitants of our said province, without the advice and 
consent of our council there. 

* 59. And whereas there is 
your commission, to execute 
peace upon soldiers in pay, 
may be necessary that some care 



no power given you by 
martial law in time of 
and that nevertheless it 
be taken for the 



keeping of good discipline amongst those, that we 
may at any time think fit to send into our said pro- 
vince, (which may pro]>erly be provided for by the 
legislative power of the same) you are therefore ta 
recommend to the general assembly of our said pro- 
vince, that they prepare such act or law for the punish- 
ing of mutiny, desertion and false musters and for 
the better preserving of good discipline amongst the 
said soldiers, as may best answer those ends. 

' 60. And whereas upon complaints that have been 
made of the irregular proceedings of the captains of 
some of our ships of war, in the pressing of seamen 
in several of our plantations ; we have thought fit to 
order, and have given directions to our high admiral 
accordingly, that when any captain or commander 
of any of our ships of war, in any of our said plan- 

' tations- 



OfNEW-JERSEY. 249 

* tations, shall have occasion for seamen, to serve on A. D. 
^ board our ships under their command, they do make ^'O'z, 
' their applications to the governors, and commanders 

* in chief of our plantations respectively, to whom 

* as vice admirals, we are pleased to commit the sole 
' power of impressing seamen in any of our plan- 

* tations in America, or in' sight of any of them, you 
' are therefore hereby required upon such application 
' made to you, by any of the commanders of our 
•'said ships of war within our province of Nova-Cse- 
' saria, or New-Jersey, to take care that our said ships 
' of war, be furnished with a number of seamen that 
' may be necessary for our service on board them from 
' time to time. 

'61. And whereas together with other powers of 

* vice admiralty, you will receive authority from our 
' dearest husband prince George of Denmark, our 
' high admiral of England, and of our plantations^ 
' upon the refusal or neglect of any captain or com- 
' mander of any of our ships of war, to execute the 
' written orders he shall receive from you for our ser- 

* vice, and the service of our province under your 
' government, or upon his negligent or undue execu- 

* tion thereof, to suspend him, such captain or com- 
' mander from the exercise of his said office of captaia 

* or commander, and to commit him into safe custody 
' either on board his own ship or elsewhere, at your 
' discretion, in order to his being brought to answer for 

* such refusal or neglect, by commission either under 
' our great seal of England, or from our high admiral, 
' or our commissioners for executing the office of our 

* high admiral of England for the time being. 

' 62. And whereas you will likewise receive direc- 
' tions from our said dearest husband, as our high admi- 

* ral of England, and of our plantations, that the cap- 
' tain or commander, so by you suspended, shall during 
'such his suspension and commitment, be succeeded in 
' his said office by such commission or warrant officer 
' of our said ship, appointed by our said high admiral 
' of England, or bv our commissioners for executing 

' the 



250 



The history 



A. D. 

1702. 



' the office of our high admiral of England for the time 

* being, as by the known practice and discipline of 
' our navy, does and ought to succeed him next as in 

* case of death, sickness, or other ordinary disability 
' happening to the commander of any of our ships of 

* war and not otherwise, you standing also accountable 
' for the truth and importance of the crime and mis- 

* demeanor, for which you shall so proceed to the sus- 
' pending of such our captain or commander ; you are 
'not to exercise the said power of suspending any such 
' captains or commanders of our ships of war, other- 
' wise than by virtue of such commission or authority 
' from our said high admiral ; any former custom or 

* usage to the contrary notwithstanding. 

' 63. Whereas it is absolutely necessary, that we be 

* exactly informed of the state of defence of all our 
' plantations in America, as Avell in relation to the 
' stores of war that are in each plantation, as to the 
' forts and fortifications there, and what more may be 

* necessary to be built for the defence and security of 

* the same ; you are so soon as possible, to prepare an 
' account thereof, with relation to our said province 
' of Nova-Csesaria, or New- Jersey, in the most par- 
' ticular manner, and you are therein to express the 

* present state of the arms, ammunition, and other 

* stores of war, either in any publick magazines, or 

* in the hands of private persons, together with the 

* state of all places either already fortified, or that 
*you judge necessary to be fortified for the security of 
' our said province ; and you are to ti'ansmit the said 
^account to us, and to our commissioners for trade 
*and plantations by the first opportunity, and other 
' like accounts yearly in the same manner. 

' 64. And that we may be the better informed of 

* the trade of our said province, you are to take espe- 
' cial care, that due entries be made in all ports in our 

* said province of all goods and commodittes, their 
' species or quantities imported or exported from thence, 
' with the names, burden, and guns of all ships im- 
^ porting and exporting the same, also the names of 

' their 



OfNEW-JEESEY. 251 

'their commanders, and likewise expressing from and A. D. 
' to what places the said ships do come and go, a copy ^'^^■^' 
' Avhereof the naval officer is to furnish you with, and 
' you are to transmit the same unto us, or our high trea- 
' surer, or our commissioners of our treasury for the 
' time being, and to our commissioners for trade and 

* plantations quarterly, and duplicates thereof by the 
' next conveyance. 

' 65. And whereas great losses have been sustained 
^ by our subjects, trading to our plantations in America, 
' by ships sailing from those [)arts without covoy, or 
' without the company of other ships, which might 
' protect them from our enemies, by which means 
' many of them have been taken by the French in their 

* return to England ; to the end therefore the ships of 

* our subjects may be the better secured iu their return 
' home, you are to take care that during this time of 
' war, no ships trading to our province of Nova-Cse- 
' saria, or New Jersey, be permitted to come from 

* thence to England, but iu fleets, or under the convoy 

* or protection of some of our ships of war, or at such 

* a time as you shall receive notice from hence, of their 
' meeting such convoys, as may be appointed for the 
' bringing them safe to some of our ports in this king- 
' dom ; and in case of any danger, you are to expect 
^directions from hence, what precautions shall be 
' further necessary for their security. 

' 66. You are likewise to examine what rates and 
'duties are charged and payable upon any goods im- 

* ported or exported within our province of Nova- 
' Csesaria, or New-Jersey, whether of the growth or 

* manufacture of the said province or otherwise, and 

* to use your best endeavours for the improvement of 

* the trade in those parts. 

' 67. And whereas orders have been given for the 
' commissionating of fit persons to be officers of our 

* admiralty and customs in our several plantations in 

* America ; and it is of great importance to the trade 

* of this kingdom, and to the welfare of all our plan- 

* tations, that illegal trade be every where discouraged. 

'You 



252 



The history 



A. D. 
1702. 



' You are therefore to take especial care, that the acts- 
' of trade and navigation be duly put in execution ; 
'and in order thereunto, you are to give constant pro- 
' tection and all due encouragement to the said officers 
' of our admiralty and customs, in the execution of 
' their respective offices and trusts within our territories 

* under your government. 

' 68. You are from time to time to give an account 
'as before direct(;d, what strength your bordering 
' neighbours have, be they Indians or others, by sea 
' and land, and of the condition of their plantations, 
' and what correspondence you do keep with them. 

' 69. You shall take especial care, that God Al- 
' mighty be devoutly and duly served throughout your 
' government, the book of common prayer as by law 
' established, read each sunday, and holy-day, and the 
' blessed sacrament administered according to the rites 
' of the church of England. 

' 70. You shall be careful that the churches already 
' built there, be well and orderly kept, and that more 
' be built, as the colony shall by God's blessing be 

* improved ; and that besides a competent maintenance 
' to be assigned to the minister of each orthodox church, 
'a convenient house be built at the common charge 
'for each minister, and a competent proportion of 
' land assigned to him, for a glebe and exercise of his 
' industry. 

'71. And you are to take care, that the parishes be 
' so limited and settled, as you shall find most conve- 
' nient for the accomplishing this good work. 

' 72. You are not to prefer any minister to any eccle- 
' siastical benefice in that our province, without a cer- 
' tificate from the right reverend father in God the 
' lord bishop of London, of his being conformable to 
'the doctrine and discipline of the church of England, 
' and of a good life and conversation : And if any 
' person already prefer'd to a benefice, shall appear to 
' you to give scandal either by his doctrine or manners, 
' you are to use the best means for the removal of him, 
' and to supply the vacancy in such manner as we have 
'directed. '73. You 



OfNEW-JEESEY. 263 

' 73. You are to give order, that every orthodox A. D. 
minister within your government, be one of the ^^^^' 
vestry in his respective parish, and that no vestry be 
held without him, except in case of sickness, or that 
after the notice of a vestry summon'd, he omit to 
come. 

' 74. You are to enquire whether there be any mini- 
ster within your government, who preaclies and 
administers the sacraments in any orthodox church or 
chapel, without being in due orders, and to give 
account thereof to the said lord bishop of London. 

' 75. And to the end the ecclesiastical jurisdiction of 
the said lord bishop of London, may take place in 
our said province so far as conveniently may be, we do 
think fit that you give all countenance and encourage- 
ment to the exercise of the same, excepting only the 
collating to benefices, granting licences for marri- 
ages, and probate of wills, which we have reserved 
to you our governor and the commander in chief of 
our said province for the time being. 

'76. And you are to take especial care, that a table 
of marriages established by the cannons of the church 
of England, be hung up in every orthodox church, 
and duly observed, and you are to endeavour to get a 
law passed in the assembly of our said province, (if 
not already done) for the strict observation of the 
said table. 

' 77. You are to take care, that drunkenness and 
debauchery, swearing and blasphemy, be discounte- 
tenanced and punished : And for the further discoun- 
tenance of vice, and encouragement of virtue and 
good living, (that by such example the infidels may 
be invited and desire to partake of the christian reli- 
gion) you are not to admit any person to publick 
trusts and employments in our said province under 
your government, whose ill fame and conversation 
may occasion scandal. 

' 78. You are to suppress the ingrossing of commo- 
dities as tending to the prejudice of that freedom 
which commerce and trade ought to have, and to 

* settle 



264 



The history 



* settle such orders and regulations therein with the 

* advice of the council, as may be most conducive to 

* the benefit and improvement of that colony. 

' 79. You are to give all due encouragement and 

* invitation to merchants and others, who shall bring 

* trade unto our said province, or any way contribute 
' to the advantage thereof, and in particular the royal 

* African company of England. 

' 80. And whereas we are willing to recommend 

* unto the said company, that the said province may 

* have a constant and sufficient supply of merchantable 
' Negroes, at moderate rates, in money or commodi- 
' ties ; so you are to take especial care, that payment 
' be .luly made, and within a competent time accord- 

* ing to their agreements. 

'81. And you are to take care, that there be no 

* trading from our said province to any place in Africa, 
' within the charter of the royal African company, 
' otherwise then prescribed by an act of parliament, 

* entitled, An act to settle the trade to Africa. 

' 82. And you are yearly to give unto us, and to our 
' commissioners for trade and plantations, an account 

* of what number of Negroes our said province is 
' yearly supplied with, and at what rates. 

' 83. You are likewise from time to time, to give 

* unto us, and to our commissioners for trade and 
' plantations as aforesaid, an account of the wants and 

* defects of our said province, what are the chief 

* products thereof, what new improvements are made 

* therein by the industry of the inhabitants or planters, 
' and what further improvements you conceive may be 

* made, or advantages gained by trade, and in what 

* manner we may best advance the same. 

' 84. You are not to grant commissions of marque 
*or reprisals, against any prince or state, or their 
' subjects in amity with us, to any person whatsoever, 

* without our especial command. 

* 85. Our will and pleasure is, that appeals be made 

* in cases of error from the courts in our said province 
'of Nova-Csesaria, or New-Jersey, unto you and the 

' council 



Of new-jersey. 255 

council there ; and in your absence from our said A. D. 
province, to our commander in chief for the time "^ * 
being, and our said council, in civil causes, wherein 
such of our said council as shall be at that time judges 
of the court from whence such appeal shall be made 
to you our governor, and council, or to the com- 
mander in chief for the time being, and council as 
aforesaid, shall not be admitted to vote upon the 
said appeal, but they may nevertheless be present at 
the hearing thereof, to give the reasons of the judg- 
ment given by them, in the cause wherein such appeal 
shall be made. Provided nevertheless, that in 
all such appeals, the sum or value appealed for exceed 
one hundred pounds sterling, and that security 
be first duly given by the appellant to answer such 
charges as shall be awarded in case the first sentence 
be affirmed. 

' 86. And if either party shall not rest satisfied with 
the judgment of you, or the commander in chief for 
the time being, and council as aforesaid ; our will 
and pleasure is, that they may then appeal unto us, 
in our privy council, provided the sum or vahie so 
appealed for unto us, do exceed two hundred pounds 
sterling, and that such appeal be made within four- 
teen days after sentence ; and that good security be 
given by the appellant, that he will effectually pro- 
secute the same, and answer the condemnation, as 
also pay such costs and damages as shall be awarded 
by us, in case the sentence of you, or the commander 
in chief for the time being, and council, be affirmed. 
And provided also, that execution be not suspended 
by reason of any such appeal to us. 

' 87. You are also to permit appeals to us in council, 
in all cases of fines imposed for misdemeanors; pro- 
vided the fines so imposed, amount to or exceed the 
value of two hundred pounds, the appellant first 
giving good security, that he will effectually prose- 
cute the same, and answer the condemnation, if the 
sentence by which such fine was imposed in our said 
province of Nova-Csesaria, or New-Jersey, shall be 
confirmed. ' 88. You 



256 



The history 



* 88. You are for the better administration of 
justice, to endeavour to get a law passed (if not already- 
done) wherein shall be set the value of men's estates, 
either in goods or lands, under which they shall not 
be capable of serving as jurors. 

' 89. You shall endeavour to get a law pass'd for 
the restraining of any inhuman severity, which by ill 
masters or overseers, may be used towards their 
christian servants, and their slaves, and that provision 
be made therein, that the wilful killing of Indians 
and Negroes may be punished with death, and that 
a fit penalty be imposed for the maiming of them. 

' 90. You are also with the assistance of the council 
and assembly, to find out the best means to facilitate 
and encourage the conversion of Negroes and Indians, 
to the christian religion. 

* 91. You are to endeavour with the assistance of the 
council to provide for the raising of stocks, and 
building of publick work-houses, in convenient 
places, for the employing of poor and indigent 
people. 

* 92. You are to propose an act to be passed in the 
assembly, whereby the creditors of persons becoming 
bankrupts in England, and having estates in our 
aforesaid province of New-Jersey, may be relieved 
and satisfied for the debts owing to them. 

' 93. You are to encourage the Indians upon all 
occasions, so as they may apply themselves to the 
English trade and nation, rather than to any other of 
Europe. 

' 94. And whereas the preservation of the northern 
frontiers of our province of New- York, against the 
attempts of any enemy by land, is of great impor- 
tance to the security of our other northern plantations 
on the continent of A^merica, and more especially of 
our said province of New-Jersey, which lies so near 
adjoining to our province of New-York, and the 
charge of erecting and repairing the fortifications, 
and of maintaining the soldiers necessary for the 
defence of the same, is too great to be borne by the 

* single 



Of NEW -JERSEY. 257 

single province of New- York, without due contri- A. D. 
butions from others concerned therein, for which ^''^^'^• 
reason, we have upon several occasions, required 
such contributions to be made, and accordingly 
settled a quota to regulate the proportions thereof; 
you are therefore to take further care, to dispose the 
general assembly of our said province of New-Jersey, 
to the raising of such other supplies, as are or may 
be necessary for the defence of our province of New- 
York, according to the signification of our will and 
pleasure therein, which has already been made to the 
inhabitants of New- Jersey, or which shall at any 
time hereafter be made to you our governor, or to 
the commander in chief of our said province for the 
time being. 

* 95. And in case of any distress of any of our 
plantations, you shall upon application of the respec- 
tive governors to you, assist them with what aid the 
condition and safety of your government will ])ermit, 
and m^ore particularly in case our province of New- 
York, be at any time attacked by an enemy, the 
assistance you are to contribute towards the defence 
thereof, whether in men or money, is according to 
the forementioned quota or repartition, which has 
already been signified to the inhabitants of our fore- 
said province under your government, or according 
to such other regulations as we shall hereafter make in 
that behalf, and signify to you or the commander in 
chief of our said province for the time being, 

' 96. And for the greater security of our province 
of New-Jersey, you are to appoint fit officers and 
commanders in the several parts of the country bor- 
dering upon the Indians, who upon any invasion 
may raise men and arms to oppose them, until they 
shall receive your directions therein. 

' 97. And whereas we have been pleased by our 
commission to direct, that in case of your death or 
absence from our said province, and in case there be 
at that time no person upon the place coraraissionated 
or appointed by us to be our lieutenant governor, or 
R ' commander 



258 The HISTORY 

A. D, f commander in chief, the then present council of our 
' said province, shall take upon them the administra- 
' tion of the government, and execute our said com- 
* mission, and the several powers and authorities 
' therein contained in the manner therein directed ; it 
' is nevertheless our express will and pleasure, that in 
' such case the said council shall forbear to pass any acts^ 
' but what are immediately necessary for the peace and 
' welfare of our said province, without our particular 
' order for that purpose."'- 

' 98. You 

«. This article was afterwards supplied as follows: 
'Anne R. 
'Additional instruction to our right trusty and well beloved Edward 
'lord viscount Cornbury, our captain general and governor in 
'chief of our province of New-Jersey, in America, and in his 
'absence to our lieutenant governor and commander in chief of 
'our said province for the time being. Given at our court at 
'Kensington, the third day of May, in the sixth year of our 
'reign, 1707. 

' Whereas by a clause in our commission and instruction to you 
'our captain general and governor in chief of our province of 
'New-Jersey, it is directed, that upon your death or absence, in 
'case there be no lieutenant governor appointed by us upon the 
'place, that then the council do take upon them the administration 
'of the governn)ent, and that the eldest councellor do preside as by 
'the said commission and instructions is more particularly set 
'forth; and we having observed, that this instruction has given 
'occasion of many controversies and disputes between the president 
'and the councellors, and between the councellors themselves and 
'otlierwise, in several of our plantations, to the great hindrance of 
'thepublick business, and the prejudice and disturbance of our 
'service there; our will and pleasure therefore is, that if upon 
'your death or absence there be no person upon the place commis- 
'sionated by us to be our lieutenant governor or commander in 
'chief, the eldest councellor whose name is first placed in our said 
'instructions to you, and who shall be at that time of your death 
'or absence residing within our said province of New-Jersey, shall 
'take upon him the administration of the government and execute 
'our said commission and instructions, and the several powers and 
' authorities therein contained, in the same manner and to all intents 
'and purposes, as either our governor or commander in chief should 
'or ought to do in case of your absence, or until your return, or 
' in all cases until our further pleasure be known therein. So we 
' bid you heartily farewel. 

By her majesty's comma.nd, 

SunDERLAND. 

The 



OfNEW-JERSEY. 259 

' 98. You are to take care, that all writs be issued ^i^^' 
*■ in our name throughout our said province. "* 

' 99. Fonismuch as great inconveniencies may arise 
by the liberty of printing in our said province, you 
are to provide by all necessary orders, tlmt no person 
keep any press for printing, nor that any book, pam- 
phlet or other matters whatsoever be printed without 
your especial leave and license first obtained. 

' 100. And if any thing shall happen that may be 
of advantage and security to our said province, which 
is not herein, or by our commission to you provided 
for, we do hereby allow unto you, with the advice 
and consent of our council of our said province, to 
take order for the present therein, giving unto us by 
one of our principal secretary's of state, and to our 
commissioners for trade and plantations, speedy notice 
thereof, that so you may receive our ratification if 
we shall apj)rove of the same. 

' 101. Provided always, that you do not by 
any colour of any power or authority hereby given 
you, commence or declare war, without our know- 
ledge and particular commands therein, except it be 

' against 

The following instruction relates also to the council, and bears 
date in the same year. 
'Anne R. 

'Right trusty and well beloved, we greet you well: Whereas 
we are sensible that effectual care ought to be taken to oblige the 
members of our council to a due attendance therein, in order to 
prevent the many inconveniencies that may happen from the 
want of a quorum of the council to transact business as occasions 
require; it is our will and pleasure, that if any of the members 
of our said council shall hereafter wilfully absent themselves when 
duly summoned, without a just and lawful cause, and shall persist 
therein after admonition, you suspend the said councellors so 
absenting themselves till our further pleasure be kniwn, giving 
US timely notice thereof; and we hereby will and require you 
that our royal pleasure be signiBed to the several members of our 
council in New-Jersey, and that it be entered in the council books 
of our said province as a standing rule ; so we bid you farewel. 
Given at our court of Kensington, the twentieth day of Novem- 
ber, 1707, in the the sixth year of our reign. 

By her majesty's command, 

Sunderland.* 



260 



The history 



' against Indians, upon emergencies, wherein the con- 

* sent of our council shall be had, and speedy notice 

* given thereof unto us as aforesaid. 

' 102. And you are upon all occasions to send unto 

* us by one of our principal secretary's of state, and 
' to our commissioners for trade and plantations, a 

* particular account of all your proceedings, and of 

* the condition of affairs within your government. 

103. And whereas the lords spiritual and temporal 

* in parliament, upon consideration of the great abuses 
^ practised in the plantation trade, did by an humble 

* address, represent to his late majesty, the great impor- 

* tance it is of, both to this our kingdom and to our plan- 
^ tations in America, that the many good laws which 
^ have been made for the government of the said planta- 
*tions, and particularly the act passed in the seventh 

* and eighth years of his said majesty's reign, entitled, 
' An act for preventing frauds, and regulating abuses in 

* the plantation trade, be strictly observed. You are 

* therefore to take notice, that whereas notwithstanding 
' the many good laws made from time to time, for pre- 
■* venting frauds in the plantation trade, it is nevertheless 

* manifest, that very great abuses have been and con- 

* tinue still to be practised to the prejudice of the same, 

* which abuses must needs arise, either from the insol- 
' vency of the persons who are accepted for the security 

* or from the remissness or connivance of such as have 
^ been, or are governors in the several plantations, who 

* ought to take care, that those persons who give bond 

* should be duly prosecuted, in case of non perform- 

* ance ; we take the good of our plantations and the 

* improvement of the trade thereof, by a strict and 

* punctual observance of the several laws in force con- 

* cerning the same, to be of so great importance to 

* the benefit of this our kingdom, and to the advancing 
^ of the duties of our customs here, that if we shall 

* be hereafter informed, that at any time there shall be 

* any failure in the due observance of those laws, within 

* our foresaid province of Nova-Csesaria, or New Jersey, 

* hy any wilful fault or neglect on your part, we shall 

'look 



O F N E W - J E K S E Y . 261 

■* look upon it as a breach of the trust reposed in you A^ D. 
■* by us, which we shall punish with the loss of your ^ ' ^^• 

* place in that government, and such further marks of 
^ our displeasure, as we shall judge reasonable to be 

* inflicted upon you, for your offence against us, in a 
' matter of this consequence, that we now so particu- 

* larly charge you with.' 



CHAP. XIV. 

Observations on Lord Cornbury's instructions, and the 
privileges originally granted to the settlers, with 
abstracts of some of them. 



tions. 



§ I. T T is apparent, from the whole tenor of the Observa- 

JL application from the proprietors, that they had 
constantly in view the reservation of the principal privi- 
leges they enjoyed ; and that their meaning was only to 
part with the powers of government; accordingly in the 
instrument of surrender, nothing appears to be resigned 
but these; their endeavours therefore to stipulate ex- 
pressly for a fresh confirmation of particular privileges, 
seems to have been owing to an unnecessary diffidence; 
they were however so far indulged, that a draught of the 
foregoing commission and instructions was prepared 
and shewn to them for their acquiescence, conformable 
to what the Lords of trade in their representation of 
October 2, 1701, had proposed.^;- 

§ 11. After the lords commissioners for trade and 
plantations had prepared a draught of the commission 
and instructions for a new governor, they referred it 
to sir Thomas Lane, and the proprietors, in the words 
following ; 

'Sir 
jx. Appendix numb. xiii. 



262 The HIST OEY 

A. D. 'Sir, Whitehall, November 14, 1701. 

^^^^' ' I am commanded by the lords commissioners for 

* trade and foreign plantations, to send you the inclosed 

* draught of a commission and instructions for a gover- 

* nor for his majesty's province of New-Jersey, pre- 
' pared by order of their excellencies the lords justices, 

* that you may communicate the same to the pro- 

* prietors of both the divisions of East New-Jersey, and 

* West New-Jersey, for their observation thereupon y 
' which their lordships desire may be made and returned 

* to them with all convenient speed, in order to such 

* further proceedings as shall be found necessary, for 

* the settling that province in a due form of government. 

' I am, sir, your most humble servant, 
William Popple. 

* To sir Thomas Lane, Knight and Alderman'. 

§ III. The report of the lords of trade to king Wil- 
liams- upon the same occasion, not long before the sur- 
render, was conceived in the terms following. 

' To the King's most excellent majesty. 
' May it please your majesty, 
' Having been directed by their excellencies the lords 
^justices, upon a representation, which we humbly laid 

* before them, concerning the disorders in your 
' majesty's provinces of East and West New-Jersey, in 

* America ; to prepare draughts of a commission and 
' instructions for a governor to be sent thither by your 
' majesty, and to consult therein the proprietors of those 
' provinces, in order to the surrender of their pretended 
'right to the government of the same: We humbly 
' lay before your majesty the draughts which we have 

* prepared accordingly, with such clauses as we con- 

* ceive proper, to enable the governor, for whose name 

* we have left a blank, to proceed in settling a govern- 

' ment 

y. King William died between this and the surrender, having 
(its said) first nominated lord Cornbtiry, governor of New-York 
and New-Jersey, on account of the services of his fatiier; who was 
among the first officers that after his landing at Torbay, came over 
to him with his regiment. 



OfNEW-JEESEY. 263 

■* ment in that country, conformable, (as near as the A. D. 
' circumstances of the inhabitants will permit) to the 
' method of government, settled by your majesty's 

* respective commissioners in your other American plan- 

* tations ; and withal to prevent the interfering of that 

* colony with the interest of those other plantations : 
' We have also in pursuance of their excellencies direc- 
' tions, communicated the said draughts to sir Thomas 
' Lane, and others, the principal proprietors of West 

* New-Jersey, and to Mr. William Dockwra, secre- 
' tary,2- and others, the principal proprietors or East 
^ New-Jersey ; in behalf of themselves, and the rest 

* of the proprietors of both those divisions ; which 
■* draughts they have unanimously approved ; and in 
' confidence that your majesty will be graciously pleased 
■^ accordingly to constitute a governor over those coun- 
^ tries, they have declared themselves willing and ready 
•* to surrender all their right, or pretence of right to 
^ government, which they have hitherto claimed ; 

* whereupon we humbly request to your majesty, that 
' the reducing these colonies to an orderly form of 
' government, under a governor constituted by your 
' majesty's immediate commission, will be of great 
■* service to your majesty, in preventing illegal trade, 
■*and the harbouring of pirates, and will be of good 

* influence throughout the other plantations ; and we 
^ humbly oifer, that mr. attorney general be directed 

* forthwith to prepare a form of a surrender of their 

* said right, or pretence of right to government, 

* which may be most effectual to the extinguishing 
^ their said pretensions, and present the same to your 
^ majesty, 

' And whereas they have desired, that the first gover- 

* nor to be thus appointed by your majesty, may be a 

' person 

2. Contriver of the penny-post, in tlie city of London : Old- 
mixon, says, he got his information of New-Jersey from him; 
and that he, in the name of tlie Proprietors of East-Jersey, and sir 
Thomas Lane (who had purchased the best part of Dr. Coxe's share 
of propriety) on behalf of West-Jersey, waited on the queen, and 
made a formal surrender oj the sovereignty ; reserving all their rights. 



264 



The history 



A. D. 

1702. 



' person fitly qualified for that service ; but cannot 

* agree in the recommendation of any particular person : 

* We humbly propose, that when the surrender shall be 

* made, your majesty would be pleased to nominate 
'some person wholly unconcerned in the factions, which 
' have divided the inhabitants of those parts, all which 

* nevertheless is most humbly submitted. 

'Whitehall, ") Wm. Blathwayt, Ph. Meadows, 
r John Pollexson, Abr. Hill, 
Jan. 6th. 1701-^. j Stanford, Mat Prior.' 

§ IV. In a memorial hereafter inserted « of the 
proprietors of West-Jersey, to the lords commissioners 
of trade and plantations, against lord Cornbury, signed 
by sir Thomas Lane, and other ^- proprietors, who 
signed the surrender ; we find them recapitulating 
several matters, and asserting that they were part of the 
terms of their surrender, and placed as such among 
others in the instructions. 

And by the assembly's remonstrance, in 1707, it 
appears, they ' thought their privileges more secure 
than some of their neighbours,' and fully depended on 
being protected in the enjoyment of them. 

§ V. Among the instructions to lord Cornbury are to 
be found, the principal matters the proprietors pointed 
out as what they desir'd to have reserved, the articles 
9, 14, 15, IG, 36, 37, 38, 45, 51, 52, 53, 86, 
87, bear evident marks that they were of this number ; 
these and such of the others as reserve or reinforce the 
particular privileges of the proprietors and inhabitants 
of New-Jersey, were doubtless adopted and continued, 
in consequence of their application and the original 
grants. 

§ VI. If the instructions to all the succeeding gover- 
nors are copied from those to lord Cornbury, as it is 

generally 

a. Chap, xviii. 

b. Every one of the signers of this, Robert Burrow and WilUana 
Snelling excepted, had signed the instrument of surrender. 



Of NEW-JERSEY. 265 

generally understood ; such of them as differ from what A. D. 
is common to other'plantation governors, were intended ^^^^ 
to be at the time of the surrender, and which the fore- 
going sections seem to confirm, it is a farther evidence 
that they are esteemed, as to the matter of them, rights 
and privileges belonging to the inhabitants of New- 
Jersey ; and that it has been and is the intention of the 
crown to continue them as such. 

§ VII. There does not appear to have been any design 
to abridge the privileges before enjoyed, nor could it 
perhaps be legally effected, by any of the steps taken 
before or in the surrender ; for many of the settlers, 
though they were actually proprietors, do not seem to 
have been parties to the surrender, either by themselves 
or any legally constituted body for them, except it 
may be supposed, their approving the thing without 
joining in any one public act to eflect it, made them so. 

§ VIII. The proprietors who signed the instrument of 
surrender, considered as to the shares of propriety they 
held, might be thought of importance enough to be 
denominated the whole, in barely giving up the govern- 
ment ; because they had not conveyed that : But it no 
where appears, that they had any legal power to repre- 
sent the settlers in general, in matters wherein they had 
admitted them to share in their property, whether of 
land or privilege, and as to numbers, were but a small 
part of the proprietors, and a very small part of the 
settlers. 

§ IX. Every settler who complied with the terms of 
settlement publickly established, as well as the purchaser ^ 
being entitled to the privileges purchased or settled 
under ; it could not be lawful, that the act of any fellow 
proprietor to the last, or landlord to the other, should 
deprive them of what, by the original frame and consti- 
tutions of the country, or particular agreements, they 

had 



266 TheHISTORY 

^- ^- had a share in : and had been the principal inducement 

1702. . r r 

of their removing hither to settle. 

§ X. That the civil and religious privileges subor- 
dinate to, and derived from, but not connected with 
the powers of government, were the principal induce- 
ment of many of the settlers, to leave good habitations 
and remove hither, none acquainted with the state of 
things in the original settlement can doubt. 

§ XI. If therefore every purchaser and settler had a 
right to and property in the privileges conveyed to 
them, and if the ideas of property in British subjects 
are the same in the colonies as in the mother country ; 
according to these, nothing but their own act by them- 
selves as individuals, or as some wa) represented in 
legislation or otherwise, could deprive them of it ; any 
thing less would imply an absurdity in the term. 

§ XII. That they had a right, will evidently appear 
by the following short view of the premises ; first, by 
right of discovery it became vested in the crown ; by 
the crown it was granted to the duke of York ; by the 
duke to lord Berkeley and sir G. Carteret, so to the 
purchasers immediately under them, and thence indivi- 
dually to every freeholder, with the right of the 
natives purchased and amply confirmed to them ; hence 
it is, if these conveyances were good, that every free- 
holder must have a clear incontestable right to his 
freehold, and consequently to every privilege conveyed 
with it, as far as these grants will warrant. 

§ XIII. In another view the case may be stated thus ; 
the proprietors said to the people, if you will buy this 
land, you and your posterity forever shall have these 
privileges ; for the first you have our hand and seal ; 
for the other our publick declarations and concessions 
solemnly ratified under our hands, recorded in the pub- 
lic offices ; and for a more compleat security, most of 

them 



Of NEW-JERSEY. 267 

them also confirmed by laws in the same manner as the A. D. 

1702 
title and right to location of many of" the lands are 

founded ; hence a conclusion seems to follow, that the 
privileges became a part of the purchase, and that 
the proprietors in the sale of their lands, received a 
consideration for them ; and if so, to their birth-right 
as British subjects must be superadded the right of pur- 
chase. 

§ XIV. It may possibly be objected as to West- Jersey, 
that the proprietors sold or conveyed the government 
to Dr. Coxe, and he again conveyed it to several of 
those who were parties to the surrender ; supposing this 
to be true, it concludes nothing in the present case ; the 
•question is not as to government, but privilege in 
other respects ; to bring that into the argument it must 
be proved, first, that the proprietors generally concur- 
red in the sale ; secondly, that they had power to sell 
again that proportion which had before been conveyed 
to others ; thirdly, that the act of surrendei in any respect 
affects it ; lastly, that the proprietors of the Massachu- 
setts, Pennsylvania, or any other charter government, 
may or could by their own act barely, resign so as to 
annul or destroy what their predecessors or they have 
conveyed and confirmed to the people ; till this is done, 
the other, for similar reasons, must be supposed impos- 
sible : Equally inconclusive must be any argument here 
as to right of conquest from what happened in 1673; 
if the treaty of Westminster had not restored things 
to their original footing, the last grants, and laws in 
consequence of them, confirming former privileges, 
and nearly the whole matter relating to West- Jersey, 
bear date since. 

§ XV. To argue, that because there is no express 
clause in the in"strument, by which the government was 
«urrendered, reserving the people's privileges; that 
therefore they were not reserved ; would be just as rea- 
sonable 



268 



The history 



A. D. 

1702. 



sonable as to argue, that because the right to the soil 
is not there particularly reserved, that therefore it was 
not reserved at all ; and yet it remains to the possessors 
without interruption ; and the right to every civil and 
religious privilege not cancelled in the act of resig- 
nation, nor since altered by law, being equally strong 
as to the forms of authenticity (however overlooked or 
forgot in occasional practice) must be supposed to 
retain their original validity. 

§ XVI. From what has been said, it seems to be evi- 
dent, that the proprietoi-s who signed the instrument of 
surrender, had it not in their power, and therefore could 
not have intended ; nor if they had, can the words or 
meaning of any thing they appear to have transacted, 
be legally construed to extinguish any privilege before 
derived from the royal grants, either relating to liberty 
of conscience, or matters of privilege in other cases; 
their power of the government only excepted ; c. whether 
this power was ever in due form of law granted or 
not,<^- they had enjoyed it near forty years; rightly 



or 



c. See the queen's acceptance: And for the advantage of a ready 
view, as to tlie meaning of the surrender, let the terms used in the 

nstruiuent, be liere attended to, viz. 

'All these the said powers and authorities, to correct, punish, 
pardon, govern, and rule all or any of her majesty's sul>Jects, or 
others, who now inhabit, or hereafter shall adventure into, or in- 
habit witliin the said provinces of East-Jersey and West Jersey, 
or either of them ; and also to nominate, make, constitute, 
ordain, and contirni any laws, orders, ordinances and direc- 
tions, and instruments for those purposes, or any of them; and 
to nominate, constitute or appoint, revoke, discharge, change, or 
alter any governor or governors, officer or ministers, which are 
or shall be appointed, made or used within the said provinces, or 
either of tliem ; and to make, ordain, and establish any orders, 
laws, directions, instruments, forms or ceremonies of govern- 
njent and magistracy, for or concerning the government of the 
provinces aforesaid, or either of them ; or on the sea in going and 
coming to or from thence; or to put in execution, or abrogate, 
revoke or change such as are already made, for, or concerning 
such government or any of them, &c. 

d. We see the proprietors themselves seem to give into such a 
doubt in the instrument of surrender. 



Of NEW -JERSEY. 269 

or even tolerably administered, it must undoubtedly be A^ D. 
considered in the light of a privilege to the inha- 
bitants in general ; as having their immediate rulers 
on the spot, ready to see and redress grievances, or 
prevent the occasions of them ; induced to it both by 
the strong ties of increasing profit to themselves, and 
the good of others ; but if we may compare the latter 
part of these proprietors administrations with the tran- 
quility that has ensued for most of tjie time since ; and 
to this, add the benefits^- derived from royal attention, 
and thence be allowed to form a judgment; we shall 
not perhaps see much cause to regret the change of 
situation. 

§ XVII. What the original privileges of the inha- 
bitants of New-Jersey were, by the several grants and 
concessions, and other instruments beforementioned 
and proprietary laws, will at large appear; some of 
those not immediately connected with government or 
land affairs, may be known by the following abstracts. 

In East and West-Jersey, before the division. 
1. No person swearing or subscribing allegiance to 
the king, and faithfulness to the proprietors, to be any 
ways molested, punished, disquieted, or called in 
question, for any difference in opinion or practice, in 
matters of religious concernment, who did not disturb 
the civil peace ; but that all such persons should at all 
times, freely and fully have and enjoy their judgments 

and 

c An act prescribing the forms of declaration of fidelity, tlie 
eifect of the abjuration oath, and affirmation, instead of the forms 
heretofore required, &c. Confirmed and rendered perpetual hy the king 
in council, at St. James's 3Iay 4, 173'J. A succession of beneficial 
paper money acts on loan, confirmed, but now expired. Another for 
acknowledging deeds, and declaring how the estate or right of a feme 
covert may be conveyed or extinguished. Confirmed and rendered 
perpetual by the king in council, at Kensington, August 22, 1746. 
Another for ascertaining the oflScers fees, ibid, at St. James's, 
November 23, 1749. (fee. 



270 



The history 



A. D. 

1702. 



and consciences, they behaving themselves peaceably 
and not using this liberty to licentiousness. Concessions 
and agreements of the proprietors Carteret and Berkeley, 
with the adventurers, Feb. 10, 1664. 

2. By legislative act to levy taxes, and not other- 
wise, and this as should seem most equal and easy for 
the inhabitants, ibid, 

3. By law to provide for the support of government. 
ibid. 

4. That cattle ranging or grazing on lands not 
appropriated to particular persons, shall not be deemed 
trespassing, but custom not to be plead from hence, 
nor any, purposely to suffer their cattle to graze on 
such lands, ibid. 

In East-Jersey, after the quintipartite division. 

5. Tiiat the courts of session and assize, should be 
established by the governor, council, and representa- 
tives, and that appeals from thence, should be made 
to the governor and council, &c. Declaration of sir 
George Carter^et, dated July 31, 1674. 

6. * Among the present proprietors, there are several 

* that declare they have no freedom to defend them- 

* selves with arms; and others who judge it their duty 
^ to defend themselves, their wives and children, with 
' arms : It is therefore agreed and consented to ; and 
' they the said proprietors do, by these presents, agree 

* and consent, that they will not in this case, force each 

* other against their respective judgments and consci- 
' ences ; in order whereunto it is resolved, that on the 
' one side, no man that declares, he cannot for con- 

* science sake, bear arms, whether proprietor, or 
' planter, shall be at any time put upon so doing, in 
' his own person ; nor yet upon sending any to serve in 

* his stead ; and on the other side those who do judge it 
' their duty to bear arms for the publick defence, shall 

* have their liberty to do it in a legal way.' Funda- 

* mental constitutions of Fast New- Jersey, A. D. 1683. 

7. AU 



OfNEW-JERSEY. 271 

7. All persons acknowledging one almighty and A. D, 



eternal God, and holding themselves obliged in con- 
science to live quietly in civil society ; shall no way be 
molested, or prejudged for their religious persuasions 
and exercise in matters of faith and worship, nor be 
compelled to frequent and maintain any place of 
worship or ministry whatsoever; but none to be ad- 
mitted to places of publick trust, who do pot profess 
faith in Christ Jesus, and will not solemnly declare, 
that he is not obliged in conscience, to endeavour 
alteration in the government, nor does not seek the 
turning out of any in it, or their ruin or prejudice ia 
person or estate, because they are in his opinion here- 
ticks, or differ in judgment from him ; but none 
under the notion of liberty, by this article, to avow 
atheism, irreligiousness, nor to practice prophaneness, 
murder, or any kind of violence; or indulge them- 
selves in stage-plays, masks, revells, or such like 
abuses, ibid. 

8. No person to be imprisoned or deprived of his 
freehold, free custom or liberty, to be out-lawed, exiled 
or any other way destroyed, nor be condemned, but by 
lawful judgment of his peers; justice or right to be 
neither bought nor sold, deferred or delayed to any 
person whatsoever ; all trials to be by twelve men, and 
as near as may be, peers and equals, and of the neigh- 
bourhood, and without just exception ; twenty four 
to be returned by the sheriff as a grand inquest, twelve 
at least to agree in finding the complaint to be true; 
reasonable challenges to be admitted against the twelve 
or peers who have the final judgment, or any of them : 
In all courts, persons of all perswasions to appear in 
their own way, and according to their own manner, and 
personally plead their own causes, or if unable, by 

their 



1702. 



272 The HISTORY 

A. D. their friends : and no person allowed to take money 
1702. . . , . . 

for pleading or advice in such cases./- ibid. 

9. All marriages not forbidden in the law of God 
to be esteemed lawful, where the parents or guardians 
being first acquainted, the marriage is publickly inti- 
mated in such places and manner as is agreeable to men's 
different persuasions in religion, and afterwards solem- 
nized before creditable witnesses, and duly registered. 
Ibid. 

10. All witnesses called to testify to any matter or 
thing in any court, or before any lawful authority, to 
deliver their evidence by solemnly promising to speak 
the truth, the whole truth and nothing but the truth ; 
and the punishment of falshood to be the same as in caseo 
of perjury; the like in cases of forgery; and both 
criminals to be stigmatized. Ibid. 

11. Forfeited estates, except for treason or capital 
crimes, to be redeemed by the nearest of kin, within 
two months, by paying to the publick treasury, not 
above one hundred pounds, nor under five pounds 
sterling. Ibid. 

In West-Jersey. 

12. No cattle straying, ranging or grazing on any 
unlocated grounds, to subject their owners to damages, 
but custom of commons ncrt to be pretended to, nor 
any person hindered from legally taking up any such 
lands. Concessions and Agreements, chap. viii. 

13. All taxes to be levied by legislative act. Ibid. 
chap. xi. 

14. As no man or number of men upon earth, have 
power or authority to rule over men's consciences in 
religious matters ; no person or persons whatsoever, at 
any time or times hereafter, shall be any ways, upon 

any 

/. This last afterwards altered by an instruction to Basse, while he 
•exercised the office of governor in East Jersey, and fixed to be, that 
none should practice without license from the governor. 



OfNEW -JERSEY. 273 

any pretence whatsoever, called in question, or in the A. D. 
least punished or hurt in person, estate or privilege, for ' * 

the sake of his opinion, judgment, faith, or worship 
towards God in matter of religion. Ibid. chap. xvi. 

15. No person to be deprived of life, limb, pro- 
perty, or any ways hurt in his or their privileges, free- 
doms or franchises, upon any account whatsoever, 
without a due trial and judgment passed *by twelve 
good and lawful men of his neighbourhood first had; 
persons arraigned allowed to except against any of the 
neighbourhood, without rendering a reason, not ex- 
ceeding thirty-five, and with valid reasons against every 
person nominated for that service, ibid. chap. xvii. 

16. In all causes, civil and criminal, proof to be 
made by the solemn and plain averment of at least two 
honest and reputable persons ; upon false evidence, the 
party in civil causes liable to the penalty due to the 
person or persons he or they bear witness against ; in 
criminal causes to be severely fined, and for the future 
disabled from being admitted an evidence or to any 
public employment, ibid. chap. xx. 

17. Persons preferring indictments or informations 
against others for personal injuries, or matters criminal 
(treason, murder and felony excepted ;) to be masters 
of their own process, and have power to remit or 
forgive as well before as after judgment and sentence. 
ihid. chap. xxi. 

18. All causes, civil and criminal, to be decided by 
the verdict of twelve men of the neighbourhood, to 
be summoned by the sheriff, and no person compelled 
to fee an attorney ; but to have free liberty to plead his 
own cause; and that no person imprisoned upon any 
account whatsoever, should be obliged to pay any prison 
fees. ibid. chap. xxii. 

19. All jurisdictions and their powers to be estab- 
lished by legislative act. 

S 20. In 



274 



The history 



A. D. 

1702. 



20. In courts of justice for trial of causes civil or 
criminal, all inhabitants to come freely into, and attend 
and hear any such trials, 'that justice may not be done 

in a corner, nor in any covert manner ; being intended 
and resolved by the help of the Lord, and by these 
our concessions and fundamentals, that all and every 
person or persons inhabiting the said province, shall, 
as far as in us lies, be free from oppression and slavery, 
ibid. chap, xxiii. 

21. The proprietors and freeholders to have liberty 
to give their representatives instructions, and to repre- 
sent their grievances ; and any of the electors upon 
complaint made of failure of trust or breach of cove- 
nant, to remonstrate the same to the Assembly. 

22. In every meeting of general Assembly, liberty 
of speech to be allowed ; and none to be interrupted 
when speaking: All questions to be stated with delibe- 
ration, and liberty for amendment, with power of 
entering reasons of protest ; and to have the mem- 
ber's yeas and no's registered : The doors of the house 
to be set open ; and liberty given to hear the debates : 
The assembly to have power of enacting laws, provided 
they be agreeable to the fundamental laws of England, 
and not repugnant to the concessions. Concessions afore- 
said. See also the first acts of Assembly of West-Jersey. 




CHAP. 



OfJS^EW-JERSEY. 276 



CHAP. XV. 

Lord Combury convenes the first general assembly after 
the surrender: His speech, their address, and other 
■proceedings : Queen Anne's proclamation for ascertain- 
ing the rates of coin : Combury dissolves the Assembly, 
and meets a new one to his mind : Their proceedings 
and dissolution : A summary of the establishment and 
practice of the council of proprietors of West-Jersey : 
Another assembly called; who remonstrate the griev- 
ances of the province. 

TH E distinction of the two Provinces East and a. D. 
West- Jersey, being henceforth as to all matters ^"^^ 
of government laid aside, and both united in one under 
the name of Nova-Caesaria, or New-Jersey; we now 
enter upon a more uniform method of proceeding. 

Contrary to the expectation of those concerned in 
the surrender, we soon find them jointly struggling for 
the preservation of their privileges against the encroach- 
ments of a governor, who, if his abilities had been 
equal to his birth and interest, must be allowed to have 
been as formidable an antagonist in that capacity as 
any that have come to the colonies ; besides being the 
son of a family that had merited highly in the revolu- 
tion, he was first cousin to queen Anne : With such an 
interest and a disposition to have studied harmony and 
concord, instead of listening to the votaries of faction, 
and meanly trumpeting their animosities, he had a fair 
opportunity of singular service in restoring the public 
quiet, and laying a foundation of prosperity to the 
province ; but that, afterwards became the business of 
another. 

Lord Cornbury arrived in New-Jersey in the month 
called August, 1703: Having published his commis- 
si on 



276 



The history 



A.D. 

1703. 
Lord 
Corn bury 
convenes 
the assem- 
bly. 



sion at Amboy and Burlington, he returned to his 
government of New- York ; but soon came back and 
convened the general assembly to meet him at Perth- 
Amboy, the tenth of November.?- They chose Tho- 
mas Gardiner/- speaker, he was presented and accepted, 
and then, conformable to the practice of parliament, 
made a demand of the particular privileges of assem- 
blies, as follows : 

' That the members with their servants, may be free 

* from arrests or molestation during the sessions. 

' That they have free access to your excellency's 

* person, when occasion requires. 

' That they may have liberty of speech, and a favour- 
' able construction of all debates that may arise among 

* them. 

'That if any misunderstanding shall happen to arise 

* between the council and this house, that in such a 

* case a committee of the council may be appointed to 
^confer with a committee of this house for adjusting 

* and reconciling all such differences. And, 

' That these our requests may be approved of by 
'your excellency and council, and entered in the 

* council books.' 

The governor, in answer told them, he granted the 
three first as the just and undoubted right of the house ; 

but 



g. The names of the first members of council after the surrender 

are in lord Cornbury's instructions. The first representatives were, 

For the eastern Division. 

Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van 

Este, John Reid, John Harrison, Cornelius Tunison, Richard 

Hartshorne, col. Richard Townly, 

For the western Division. 
Thomas Lambert, William Biddle, William Stevenson, Restore 
Lippincott, John Kay, John Hugg, jun. Joseph Cooper, William 
Hall, John Mason, John Smith. 

For the town of Burlington. Peter Fretwell, Thomas Gardiner. 
City of Perth-Amboy. Thomas Gordon, Miles Forster. 

h, Bon of him whose death is mentioned before. 



Of new- jersey. 277 

"but rejected the fourth as an innovation, and accord- A. D. 
ingly ordered an entry of the same in the council books ; 
this done, he made a speech to the council and general 
assembly. 

' Gentlemen, 
The proprietors of East and West New- Jersey, Speech. 
' having upon very mature consideration, thought fit 

* to surrender to her most sacred majesty the great (jueen 
' of England, my mistress, all the powers of govern- 
' ment which they supposed were vested in tliem ; the 

* queen has been pleased to unite these formerly two 

* provinces now into one, under the name of Nova- 

* Cfesaria or New-Jersey ; her majesty has been pleased 
' graciously to honour me with the trust ot this 

* government, and has commanded me to assure you 
■* of her protection upon all occasions ; and you may 
^ assure yourselves, that under her auspicious reign, 
^ you will enjoy all the liberty, happiness and satisfac- 
' tion, that good subjects can wish for ; under a most 

* gracious queen, and the best laws in the universe, I 
' mean the laws of England, which all the world 
' would be glad to partake of, and none are so happy 

* to enjoy, but those whose propitious stars have placed 
' under the most happily constituted monarchy : I will 
■' not question, but that you on your parts, will do all 
' that can be expected from faithful subjects, both for 
' the satisfaction of the queen, the good and safety of 
'your country; which must be attended with general 

* satisfaction to all people. 

' In order to attain these good ends, I must earnestly 
' recommend it both to you, gentlemen of her majesty's 
' council, and you gentlemen of the assembly, to 
'apply yourselves heartily and seriously to the recon- 
' ciling the unhappy differences which have happened 
' in this province ; that as the queen has united the two 
' provinces, so the minds of all the people may be 
' firmly united in the service of the queen, and good 
' of the country ; which are all one, and cannot be 
' separated without danger of destroying both. 

* Gentlemen 



278 TheHISTOEY 

A. D. * Gentlemen, you are now met in general assembly^ 

' on purpose to prepare such bills to be passed into laws, 

* to be transmitted into England for her majesty's 

* approbation, as may best conduce to the settling of 
' this province upon a lasting foundation of happiness 

* and quiet, only I must recommend it to you, that the 
' bills you shall think fit to offer, may not be repugnant 
' to the laws of England, but as much as may be^ 

* agreeable to them. 

' I must recommend to you, gentlemen, in the 
' wording of your Bills, to observe the stile of enacting 
' by the governor, council and assembly ; and likewise, 
' that each different matter may be enacted by a different 
' law, to avoid confusion. 

' In all laws whereby you shall think fit to grant 

* money, or to impose any fines or penalties, express 

* mention may be made, that the same is granted or 

* reserved unto her majesty, her heirs or successors, foi 
' the publick use of this province, and the support of 
' the government thereof. 

* Gentlemen, I am farther commanded by the queen, 
'to reconmiend it to you, to raise and settle a revenue 

* for defraying the necessary charges of the govern- 
' ment of this province, in order to support the dignity 
' of it. 

* I am likewise commanded to recommend to your 
'care, the preparing one or more bill or bills whereby 

* the right and property of the general proprietors to 
' the soil of this province may be confirmed to them, 
' according to their respective titles, together with all 
' quit rents and all other privileges as are expressed in the 
'conveyances made by the duke of York ; except only 
' the right of government, which remains in the queen. 

* Now, Gentlemen, I have acquainted you with some 
'of those things which the king is desirous to have 
' done : I shall likewise acquaint you, that her majesty 

* has been graciously pleased to grant to all her subjects 
' in this province, (except papists) liberty of consci- 

* ence. I must further inform you, that the queen 
' has commanded me not to receive any present from 

'the 



Of NEW-JEKSEY. 279 

^ the general assembly of this province; and that no ^j ^^ 
^person who may succeed me in this government, may ^'^^^■ 
' claim any present for the future, I am commanded 

* to take care, that her majesty's orders may be entered 
^ at large in the council books, and the books of 

* the general assembly. 

' Now, gentlemen, I have no more to offer to you 
*' at this time, only I recommend to you dispatch in the 
^ matter before you, and unanimity in your consulta- 

* tions, as that which will always best and most eifectu- 
' ally conduce to the good of the whole.' 

The governor's speech being read in the house, pro- 
duced the following address, N. C. D. Address. 
' May it please your excellency, 

' I am commanded by this house, to return your 
' excellency our hearty tlianks for your excellency's 
' many kind expressions to them, contained in your 

* excellency's speech ; and it is our great satisfaction, 
' that her majesty has been pleased to constitute your 
' excellency our governor. 

' We are well assured the proprietors, by their surren- 
' der of their rights to the government of this province, 
' have put us in circumstances much better than we 
' were in under their administration, they not being 
' able to protect us from the villainies of wicked men ; 

* and having an entire dependence on her majesty, that 
'she will protect us in the full enjoyment of our rights, 
' liberties and properties, do thank your excellency for 

* that assurance you are pleased to give us of it, and 
' think our stars have been very propitious in placing 

* us under the government and direction of the greatest 
' of queens, and the best of laws : And we do entreat 
'your excellency to believe, that our best endeavours 

* shall not be wanting to accomplish those things which 
' shall be for the satisfaction of the queen, the gene- 
' ral good of our country, and (if possible) to the 

* universal satisfaction of all people : With our prayers 

* to the God of Heaven, we shall join our utmost 

* endeavours, to unite our unhappy differences ; and 

'hope 



280 The HISTORY 

A. D. ' hope with the assistance of your excellency and council 

1703. ( ^^ ^-jl ^^^ ^^ impossible to accomplish that blessed 

' work. We shall follow the directions given in your 

* excellency's speech, with what dispatch the nature of 
' the things require ; and hope, that all our eonsulta- 
' tious may conduce to the best and greatest ends. 

' Memorandum, that all the members of this house 
' do agree to the subject matter above written, tho* 
' several of them dissent from some of the expressions 

* therein contained,' 

This address presented, the assembly, after regulat- 
ing elections complained of, prepared several bills ; 
but one only received the governor's assent : This related 
to the purchasing of lands of the Indians, was pre- 
pared pursuant to an article in Cornbury's instructions, 
and prohibits purchases or gifts of lands being made 
Law re- or received from the Indians without license of the 
Indian^ proprietors, after the 1st December, 1703, under 

purchases. penalty of forfeiting forty shillings per acre ; it also 
retrospects and makes void all Indian bargains, gifts, 
leases or mortgages, without an English title, unless 
covered with a propriety right in six months thereafter. 
This law is yet in force. 

The governor put an end to this session, December 
13, by observing to the assembly, that the season being 
far advanced, it was absolutely necessary to conclude 
business : That he wished the several bills before him- 
self and them could have been dispatched ; but that 
the matters contained in them, were of so great 
moment, the difficulties so many, and the time so 
short, that it was impossible to finish : That being now 
acquainted with the nature of those difficulties, they 
should come prepared in the spring to remove them, and 
provide such good laws as might effectually ascertain the 
rights of the several proprietors, and fully secure every 
man's property. These being the points which would 
most conduce to the peace and welfare of the colony,. 

recommended 



Of new-jersey. 281 

recommended the council and assembly to employ their A. D. 
serious thoughts, that the most effectual means to 
attain those desirable ends might be discovered, and to 
point out other useful laws, and concludes with obser- 
ving, that they would ever find him ready to consent to 
all such things as should be for the good of the whole. 
In 1704, great inconveniencies were found, by the 
same coin bearing different values in the provinces on Coin, 
the continent ; to remedy this by one general medium, 
queen Anne published her proclamation for ascertaining 
the value of foreign coin in America ; which seems to 
claim a place here. 

'By the QUEEN. 

* A proclamation for settling and ascertaining the cur- Proclama- 

' rent rates of foreign coins in her majesty's colonies ^'^"* 

' and plantations in America. 

' We having had under our consideration the differ- 
' ent rates at which the same species of foreign coins do 
' pass in our several colonies and j)lantations in Ame- 
' rica, and the inconveniencies thereof, by the indirect 
' practice of drawing the money from one plantation 
' to another, to the great prejudice of the trade of our 
' subjects ; and being sensible, that the same cannot be 
' otherwise remedied, than by reducing of all foreign 
' coins to the same current rate within all our domini- 

* ons in America ; and the principal officers of our 

* mint having laid before us a table of the value of the 

* several foreign coins which usually pass in payments 

* in our said plantations, according to the Aveight and 
' the assays made of them in our mint, thereby shewing 
' the just proportion which each coin ought to have to 
' the other ; which is as followeth, viz. Sevill pieces 
' of eight, old plate, seventeen penny weight, twelve 
'grains, four shillings and six pence; Sevill pieces of 
' eight, new plate, fourteen penny-weight, three shil- 
' lings and seven pence one farthing ; Mexico pieces 

* of eight, seventeen penny-weight twelve grains, four 
' shillings and six pence ; pillar pieces of eight, seven- 
' teen penny-weight twelve grains, four shillings and 

'six 



282 



The history 



six pence three farthings ; Peru pieces of eight, old 
plate, seventeen penny-weight twelve grains, four 
shillings and five pence or thereabouts ; cross dollars, 
eighteen penny-weight, four shillings and four pence 
three farthings ; ducatoons of Flanders, twenty pen- 
ny-weight and twenty-one grains, five shillings and 
six pence ; eau's of France or silver Lewis, seventeen 
penny-weight twelve grains, four shillings and six 
pence; crusadoes of Portugal, eleven penny-weight 
four grains, two shillings and ten pence one farthing ; 
the silver pieces of Holland, twelve penny-weight 
and seven grains, five shilling and two pence one 
farthing ; old rix dollars of the empire, eighteen 
penny-weight and ten grains, four shillings and six 
pence ; the half, quarters and other parts in proportion 
to their denominations ; and light pieces in proportion 
to their weight : We have therefore thought fit, for 
remedying the said inconvenicncies, by the advice of 
our council, to publish and declare, that from and 
after the first day of January next ensuing the date 
hereof, no Sevill, pillar, or Mexico pieces of eight, 
though of the full weight of seventeen penny-weight 
and a half, shall be accounted, received, taken or 
paid, within any of our said colonies or plantations, 
as well those under proprietors and charters, as under 
our immediate commission and government, at above 
the rate of six shillings per piece, current money, 
for the discharge of any contracts or bargains to be 
made after the said first day of January next ; the 
halves, quarters, and other lesser pieces of the same 
coins, to be accounted, received, taken, or paid in 
the same proportion ; and the currency of all pieces 
of eight of Peru, dollars and other foreign species 
of silver coins, whether of the same or baser alloy, 
shall after the said first day of January next, stand 
regulated, according to their weight and fineness, 
according and in proportion to the rate before limited 
and set for the pieces of Sevill, pillar and Mexico ; so 
that no foreign silver coin of any sort, be permitted 
to exceed the same proportion upon any account what- 

' soever. 



OfNEW-JEESEY. 283 

* soever. And we do hereby require and command all A. D. 
' our governors, lieutenant governors, magistrates, 

^ officers, and all other our good subjects, within our 

* said colonies and plantations, to observe and obey our 
' directions herein, as they tender our displeasure : 
' Given at our castle at Windsor, the eighteenth day 
^ of June, 1704, in the third year of our reign.' 

Cornbury met the assembly at Burlington the 7th of 
September, and recommended the preparing a Hll to Assemblj 
ascertain the rights of the general proprietors to the 
soil of the province, to settle a fund for support of 
government ; and a French privateer having committed 
depredations on the settlers about Sandy Hook, he 
thence took occasion to press for a law to establish a 
militia, and fix a watch house on the Navesink hills. 
The house took the matters into consideration : It does 
not appear but they intended to make such provision 
on those occasions, as suited the circumstances of the 
province, yet their proceedings on the whole, were 
not to his mind ; on the 28th therefore, he abruptly 
sent for and dissolved them, and issued writs for a new 
election, to meet at Burlington the 13th of November Dissolved, 
following : This election was industriously managed, 
and a majority of members procured to his mind ; they 
met at the time, and being divided in the choice of a 
speaker, Peter Fretwell and John Bowne, candidates, 
and the votes equal, they called upon their clerk, 
(William Anderson,) to give the casting vote, which 
he did for Fretwell, who was accordingly placed in the 
chair ;i- then receiving the speech, they by an address 
complimented Cornbury, with going through the affairs 

of 

i. The members of this assembly were, 

For the Eastern division. 
John Bown, Eichard Hartshorne, Richard Salter, Obadiah Bown, 
Anthony Woodward, John Tiinison, John Lawrence, Jasper Crane, 
Peter Vaneste, Thomas Gordon, John Barclay, John Koyse. 

For 



284 The HISTORY 

A^ D. of government * with great diligence and exquisite 
' management, to the admiration of his friends, and 
' envy of his enemies ; ' and passed a bill to raise two 
thousand pounds^'- per annum, by tax, for support of 
government, to continue two years. 

Several other laws were passed this session, and 
amongst them one for establishing a militia, by the 
unnecessary severity of which, those conscientiously 
scrupulous of bearing arms in many parts were great 
sufferers. 

On the 12th of December, the governor adjourn'd 
them till next yeai', with more encomiums on their 
conduct, than many of them got from their constitu- 
ents on their return home ; during this whole , session, 
they had tamely suffered the arbitrary practices of 
Cornbury, to deprive them of three of their most sub- 
stantial members, Thomas Gardiner, Thomas Lam- 
bert and Joshua Wright, under pretence of their not 
owning land enough to qualify them to sit there, tho' 
they wert; known to be men of sufficient estates ; and 
the same assembly at their next meeting at Amboy, ia 
1705, themselves declare, * the members had hereto- 
* fore satisfied the house of their being duly qualified 
' to sit in the same;' and they were then admitted, when 
the purposes of their exclusion were answered : This 
1705. sitting was in October and November, but produced 
nothing of much consequence ; the session which fol- 
lowed at the same place in October, 1706, likewise 
proved unsuccessful ; and now Cornbury again dissolv'd 

the assembly. 

In 

For the Western division. 
Restore Lippincott, John Ilugg, John Kay, John Smith, Wil- 
liam Hall, John Mason, Thomas Bryan, Robert Wlieeler, Peter 
Fretwell, Thomas Lambert, Thomas Gardiner, Joshua Wright. 

h. The lieutenant governor Ingoldsby received I. 600 out of this 
sum. 



Of new-jersey. . 285 

In the 11th month this year, the council of propria- A. t). 
tors for the western division, met according to their 
usual practice; present, William Biddle, president, Dissolved. 
Samuel Jenings, George Deacon, John Wills, Wil- 
liam Hall, Christopher Wetherill and John Kay; to 
tliis council Cornbury sent an order to resolve him in 
certain points proposed to them, which for some rea- 
sons, were at present delayed ; but in the spring next 1707. 
year, he sent for the council of proprietors to attend 
him in council at Burlington, and there proposed sun- 
dry questions on the same subject, demanding a catego- 
rical answer to each ; they soon resolved him by send- 
ing^- a summary of their constitution and establishment 
as follows ; 

' The answer delivered to tiie governors three questions, 
' delivered to him by the council of proprietors. 

' Whereas our governor the lord Cornbury, was Summary 
'pleased at our attending on him in council, the thir- ofWest- 
'■ teenth day of this instant May, to require answers to coumnl of 
' three questions, viz. who was the council of propri- proprie- 
' etors the last year ; and who are chosen for this year toi"^- 
'1707, and to have tlie names of them? the second 
' is, what are the poM'ers the said council pretend to 
' have ? the third, by whom constituted ? 

' And in obedience thereto, we being part of the 
' trustees, or agents commonly called the council of 
' proprietors, are willing to give all the satisfaction we 

* are able, in humble answer to his lordships requirings, 
' viz. 

' First, the persons chosen for the last year to serve 

* the proprietors as agents or trustees, were William 

' Biddle, 

/. It was delivered to Cornbury in council, the oOlh, tlie pro- 
prietors then piesent, were, Samuel Jenings, William Hall, Tho- 
mas Gardiner, John Wills, John Kay, Christopher Wetherill and 
Lewis Morris; with the answer they delivered to the governor and 
council, two papers containing the names of several of the proprie- 
tors, declaring their approbation of the council, and one Indian 
deed. 



286 



The history 



' Biddle, Samuel Jeniugs, George Deacon, John Wills, 
'and Christopher Wetherill, for the county of Bur- 

* lington ; and John Reading, Francis Collings, John 
' Kay and William Hall, of Salem, for the county of 
' Gloucester, and below ; and for this present year 

* 1707, William Biddle, Samuel Jenings, Lewis 

* Morris, George Deacon, John Wills, John Kay, 

* John Reading, Thomas Gardiner and William Hall 

* of Salem. 

' 2. In the year 1677, the first ship that came here 

* from England, which brought the first inhabitants 

* that came to settle in these remote parts, by virtue of 

* Byllinge's right, before she sail'd the proprietors being 

* met together at London, thought it advisable to settle 
' some certain "method how the purchasers of land from 

* Byllinge, &c. should have their just rights laid forth 

* to them, concluded on a number of persons, viz. 

* Joseph Helmsly, William Emly, John Penford, 

* Benjamin Scott, Daniel Wills, Thomas Olive and 

* Robert Stacy, as should be called commissioners, and 
' they were first impowered to purchase what land they 
' could from the Indians, and then to inspect all rights, 

* as any lands were claimed, and when satisfied therein, 

* to order the laying it out accordingly ; which com- 

* missioners when arrived here, did forthwith make 

* several purchases of land, and acted as aforesaid, for 

* some time, till some of them being not longer able 

* to struggle with such hunger, and many other great 
' hardships as were then met withal, return'd again for 
' England ; so for preventing confusion among the 
' people, the assembly took the trouble of it on them ; 
'this continued in practice till about the year 1687; 
' then the assembly having much other business, and 
' being not able to spend their time and money abroad, 
' would not longer be troubled with that business, as 
' was wholly belonging to the proprietors, and so threw 
' it out of the house, and told the proprietors they 
' might choose a convenient number of persons of 
'themselves, to transact their own business: Accord- 
' ingly the 14th day of February, the same year, the 

' proprietors 



OpNEW-JERSEY. 287 

proprietors met at Burlington, and then and there A. D. 
chose and elected eleven persons of themselves, to act ^^^'^• 
for the whole, for the next ensuing year; but then 
linding that so many and at such distances being hard 
to be got together, they next year chose but nine, 
and accordingly signed instruments for the confirm- 
ing that constitution, of which his lordship has a 
copy ; and the same methods have been every year 
since practised to this present year 1707; and in all 
this time no inconveniencies hath arisen from* it, but 
on the contrary, much ease and advantage to the pro- 
prietors ; as by a further declaration of many other 
of the proprietors under their hands, is ready to be 
proved. 

' Now as to the powers of those as are now and 
have all along been, they are the same with the 
first that came over from England in the year 1677 ; 
that is to say, to purchase land of the Indians, with 
the consent and advice of the said proprietors as 
chose them, and to inspect the rights of every man 
as shall claim any land, so that tlie same may be sur- 
veyed to him or them ; and for the more easy and 
speedy settling of the province, commissioners have 
been appointed in each county, to inspect all rights as 
aforesaid ; the said agents, trustees or council, also to 
choose a recorder, a surveyor general and rangers in 
each county, to range for the benefit of the said 
general proprietors, and to appoint persons to prevent 
the wasting and destroying of the proprietors timber, 
upon their unsurveyed lands, &c. 

* The proprietors residing in England, have had 
knowledge of a committee of the agents or trus- 
tees of the proprietors here, who were to act and 
negotiate their aifairs by their agents, from time 
to time, acting in conjunction with them, as Adiord 
Bond, John Tatham, agents to doctor Coxe ; and 
when Jeremiah Bass was agent, he acted with them 
also; after him, when our late governor Hamilton 
was made agent, he acted as one of the said agents, 
trustees or council for several years, and was president 

'of 



288 The HISTORY 

A. D. < of the same ; and now Lewis Morris as agent to the 
1707. < society, is one of the said trustees or council ; and 

* not only the agents of the agents of the proprietors 

* at home, but any proprietor now hath, and have had 

* liberty, to come and meet with the said agents, tru- 
' stees or council, when he or they pleased. 

' Lastly, as to the constitution of the said agents, 
' trustees or committee, and by whom constituted ; it 
*is on certain days in the county of Burlington and 
' Gloucester, yearly and every year, they are chosen 

* by the proprietors : The above is as good an account 

* as we that are present are able to give, in answer to 

* what was required of us by his lordship, and pray it 
' may find acceptance as such ; but if any further thing 

* may seem needful to be answered, we humbly pray 

* it may for this time be suspended, till the whole qan 

* be got together.' 

The writs for a new assembly were returnable to 
Burlington, the 5th of April, 1707. In this Assembly 
it soon appeared, Cornbury had not the success in 
elections as in the last choice; his conduct was arbi- 
trary, and the people dissatisfied ; the assembly chose 
Samuel Jenings, speaker,"*- received the governor's 
speech, and soon after resolved into a committee of the 
whole house to consider grievances; this committee 
continued sitting from day to day, till at length they 
agreed upon fifteen resolves, and by petition to the 
queen laid them before her, on the 8th of the month 
called May, they also remonstrated their grievances 
to the governor, as follows : 

May 



m. The members now were, 

For the Eastern division. 
John Harrison, Lewis Morris, Elisha Parker, Thomas Farmei 
Jasper Crane, Daniel Price, John Bown, William Lawrence, Wil 
liam Morris. Enoch Mackelson, John Royce, Thomas Gordon. 
For the Western division. 
Peter Canson, William Hall, Richard Johnson, John Thomson, 
Bartholomew Wyatt, John Wills, Thomas Bryan, Samuel Jenings, 
Thomas Gardiner, John Kay, Philip Rawle. 



Of new-jersey. 289 

' May it please the governor, '^^^* 

' We, her majesty's loyal subjects, the representatives 
of the province of New-Jersey, are heartily sorry, 
that instead of raising such a revenue as is by the 
governor (as we suppose by the queen's directions) 
required of us, we are obliged to lay before him the 
unhappy circumstances of this province : it is a talk 
we undertake not of choice, but necessity, and have 
therefore reason to hope, that what we say may meet 
with a more favourable reception. 

* We pray the governor to be assured, it is our mis- 
fortune extorts this procedure from us, and that we 
should betray the trust reposed in us by our country, 
did we not endeavour to obtain relief. 

' The governor encourages us to hope he will not be 
deaf to our entreaties, nor by his denial render our 
attempts for the best ends fruitless. 

' We may not perchance rightly apprehend all the 
causes of our sufferings, but have reason to think 
some of them are very much owing to the governor's 
long absence from this province, which renders it 
very difficult to apply to him in some cases which 
may need a present help. 

' It were to be wished the affairs of New- York 
would admit the governor oftener to attend those of 
New-Jersey, he had not then been unacquainted with 
our grievances; and we are inclined to believe they 
would not have grown to so great a number. 

' It is therefore, in the first place, humbly presented 
to the governor's consideration, that some persons 
under sentence of death for murder, have not only 
remained till this time unexecuted, (they being con- 
demned not long after lord Cornbury's accession to 
this government) but often have been suffered to go 
at large ; it's possible the governor has not been 
informed, that one of those persons is a woman who 
murdered her own child ; another of them a woman 
who poisoned her husband : The keeping of them so 
long has been a very great charge, and how far it's a 
reflection on the publick administration, to suffer such 

T ' wretches 



290 



The history 



wretches to pass with impunity, we dare not say ; but 
sure the blood of those innocents cries aloud for ven- 
geance, and just Heaven will not fail to pour it down 
upon our already miserable country, if they are not 
made to suffer according to their demerits. 

' Secondly, we think it a great hardship, that persons 
accused for any crime, should be obliged to pay court 
fees, notwithstanding the jury have not found the 
bill against them ; they are men generally chose out 
of the neighbourhood, and should be the most sub- 
stantial inhabitants, who cannot well be supposed to 
be ignorant of the character of the person accused, 
nor want as good information as may be had ; when 
therefore they do not find the bill, it is very reasonable 
to suppose the accused person innocent, and conse- 
quently no fees due from him ; we pray therefore, 
that the governor will give his assent to an act of 
assembly to prevent the like for the future ; otherwise 
no person can be safe from the practices of designing 
men, or the wicked effects of a vindictive temper. 

' Thirdly, the only office for probate of wills being 
in Burlington, it must be very expensive and incon- 
venient for persons who live remote to attend it, espe- 
cially for the whole Eastern division ; we therefore 
pray the governor will assent to an act to settle such 
an office in each county, or at least in each division of 
this province, and that the officers be men of good 
estates, and known integrity in the said county or divi- 
sion. 

' Fourthly, that the secretary's office is not also kept 
at Amboy, but that all the Eastern division are forced 
to come to Burlington, that have any business at said 
office, is a grievance which we hope the governor 
will take care to redress ; it seeming inconsistent with 
the present constitution of government established by 
the queen, which doth not admit one of the divisions 
of this province to enjoy more privileges than the 
other; we therefore entreat the governor not to take 
it amiss, that we desire his assent to an act to be pass'd 
to oblige the secretary to keep the office at both places. 

Fifthly, 



OfNEW -JERSEY. 291 

' Fifthly, the granting of patents to cart goods on A. D. 
' the road from Burlington to Aniboy, for a certain 1707. 
' number of years, and prohibiting others, we think 
' to be a grievance that is contrary to the statute 21 Jac. 
' 1. c. 3. against monopolies ; and being so, we doubt 
' not, will easily induce the governor to assent to an act 

* to prevent all such grants for the future ; they being 

* destructive to that freedom which trade and commerce 
' ought to have. 

* Sixthly, the establishing fees by any other power 
' or authority than by the governor, council and repre- 

* sentatives met in general asssembly, we take to be a 
' great grievance, directly repugnant to Magna 
' Charta, and contrary to the queen's express instruc- 
' tions in the governor's instructions, which says, 
" You are to take care, that no man's life, member, 
" freehold or goods, be taken away or harmed in 
" our province, under your government, otherwise 
" than by established and known laws, not repugnant to, 
" but as near as much as may be, agreeable to the laws 
" of England ; " we therefore pray, that the governor 
' will assent to an act to be pass'd to settle fees ; without 
' which we think no more can be legally demanded, 
' than the persons concerned by agreement oblige 
' themselves to pay. 

Seventhly, the governor putting the former publick 

* records of the Eastern division of this province into the 
' hands of Peter Sonmans, pretended agent to the propri- 
' etors, one that does not reside in the province, nor has 
' not given security for the well and true keeping of them, 
' as is by the queen directed, and kept them so that her 
' majesty's subjects cannot have recourse to them ; and 
' their being carried out of the division, is a great and 
'crying grievance: They are the only evidences that 
' one half of this province has to prove the titles to their 
' estates, and this house is humbly of opinion, they 
' ought to be so kept, that persons may have recourse to 
' them ; and in the hands of such of whose fidelity there 

* is no reason to doubt ; this being a thing so reasonable, 

* encourages us to request the governor to assent to an 

'act 



292 



The history 



' act to be passed to put them in proper hands for the 

* future, that the country may not be under the same 
' disappointments they now are. 

' These, governor, are some of the grievances this 

* province complains of, and which their representa- 

* tives desire may be redressed ; but there are others of a 

* higher nature, and attended with worse consequences ; 

* they cannot be just to the governor, themselves, or 
'their country, should they conceal them: We did 

* expect when the government of the Jeisies was surren- 

* dered, to feel the benign influences of the queen's mild 
' government, under her more immediate administra- 

* tion, and to be protected in the full enjoyment 
^ of our liberties and properti&s, the last of which we 
' thought ourselves somethinar more secure in than some 

* of the neighbouring plantations ; and had an entire 

* dependance that her majesty's royal bounty and good- 

* ness would never be wanting to make us easy and 
'happy, even beyond our wishes: It is our misfortune, 
' that we must say, the success has not answered the 

* expectation, and the queen's subjects here have felt 
' the reverse of what they had most reason to hope ; that 

* greatest and best of princes is, without all perad- 
' venture, ignorant of our pressures, or we had long 
'since had relief; she is too good to continue even the 
' deserved sufferings of the miserable, and has more of 
' Heaven in her than to hear the cry of those that groan 
' under oppression, and the unkind effects of mistaken 
' power, to whom we owe our miseries ; and what they 
■' are, the sequel shews. 

' In the first place, the governor has prohibited the 
'^ proprietors agents, commonly called the council of 
' pro[)rietors, from granting any warrants for taking 
' U]i of land in the Western division of this province : 

* We cannot see by what law or reason any man's pro- 
^ perty can be disposed of by the governor without his 
' consent : The proprietors when they surrendered their 
'government, did not part with their soil, and may 

* manage it as they think fit, and are not to take direc- 

* tions from any person whatsoever, how and when to 

*do 



Of new-jersey. 293 

^ do it; if any persons concerned be grieved, the laws A. p. 

* are open, by which disputes in property are decided ; i--Ot. 

* and he doubtless will not be left remediless. We are 

* very sorry the governor gives us occasion to say, it is 
*a great encroachment on the proprietors liberties; but 
^ we are not suprised at it, when a greater encroach- 
' ment on our liberties lead the way to it, and that was 
' the governor's refusing to swear or attest three mem- 
' bers of the last assembly upon the groundless, sugge- 
' stions of Thomas Revel and Daniel Leeds, two mem- 
' bers of the queen's council, by which they were kept 
' out of the assembly : We are too sensibly touch'd with 
' that procedure, not to know what must be the una- 

* voidable consequences of a governor's refusing to swear 
'which of the members of an assembly he thinks fit; 
^ but to take upon himself the power of judging of 
' the qualifications of assembly-men, and to keep them 

* out of the house (as the governor did the aforesaid 
' three members nigh eleven months till he was satis- 
' fied in that point) after the house had declared them 
' qualified ; is so great a violation of the liberties of 
' the people, so great a breach of the privileges of the 

* house of representatives, so much assuming to him- 
^ self a negative voice to the freeholders election of 
' tiieir representatives, that the governor is entreated to 
^ pardon us, if this is a different treatment from what 
' we expected : It is not the effects of passionate heats, 
^ the transports of vindictive tempers ; but the 

* serious resentments of a house of representatives, for 
' a notorious violation of the liberties of the people, to 

* whom they could not be just, nor answer the trust 

* reposed in them, should they decline letting the 
'governor know they are extremely dissatisfied at so 
' unkind a treatment, especially when its causes and 
' effects conspire to render it so disagi'ceable. 

' It is notoriously known, that many considerable 
^ sums of money have been raised to procure the disso- 
' lutiou of the first assembly, to get clear of the pro- 
' prietors quit-rents, and to obtain such officers as the 
^contributors should approve of; this house has great 

' reason 



294 



The history 



A. D. 

1707. 



reason to believe, tlie money so gathered was given to- 
lord Cornbury, and did induce him to dissolve the 
then assembly, and by his own authority keep three 
members out of the next assembly, and put so many 
mean and mercenary men into office ; by which cor- 
rupt practice, men of the best estates are severely 
harrassed, her majesty's good subjects in this province 
so impoverished, that they are not able to give that 
support to her majesty's government as is desired, 
or as they would be otherwise inclined to do ; and we 
cannot but be very uneasy when we find by these new 
methods of government, our liberties and properties 
so much shaken, that no man can say he is master of 
either, but holds them as tenant by courtesy and at 
will, and may be stript of them at pleasure : Liberty 
is too valuable a thing to be easily parted with, and 
when such mean inducements procure such violent 
endeavours to tear it from us, we must take leave to 
say, they have neither heads, hearts, nor souls, that 
are not moved with the miseries of their country, and 
are not forward with their utmost power lawfully to 
redress them. 

' We conclude, by advising the governor to consider 
what it is that })rincipally engages the affections of a 
})eople, and he will find no other artifice needful than 
to let them be unmolested in the enjoyment of what 
belongs to them of right ; and a wise man that despises 
not his own happiness, will earnestly labour to regain 
their love. 

By order of the house, 

' Samuel Jenings, speaker.^ 



By this remonstrance may be seen much of the 
history of the times, and that tho' things were carried 
to arbitrary lengths, there were not wanting in the pro- 
vince, men of discernment to see and lament the un- 
happy situation of their country, and of spirit to 
oppose it's greatest enemies ; several such were in this 

* assembly 



Of new-jersey. 295 

assembly, the speaker in particular,"- had very early A. D. 
known New-Jersey, had lived thro' many changes 
and commotions, to see great alterations in it; much 
concerned in publick transactions, he knew what 
belonged to a public character; he had governed 
the western part of the Province for several years, 
with integrity and reputation ; saw the advantages 
of a just confidence, and that it could not be acquired 
another way; that though the office was in itself re- 
spectable, it was the honest execution of it according 
to it's dignity, that produced the intended service, and 
secured the approbation of a kind but watchful 
mistress ; for such queen Anne was accounted to her 
governors. Jenings was also undaunted, and lord 
Cornbury on his part, exacted the utmost decorum; 
while as speaker he was delivering the remonstrance, 
the latter frequently interrupted him with a stop, whafs 
that, &c. at the same time putting on a countenance 
of authority and sternness, with intention to confound 
him; with due submission, yet firmness, whenever 
interrupted, he calmly desired leave to read the passages 
over again, and did it with an additional emphasis upon 
those most complaining ; so that on the second reading 
they became more observable than before ;"• he at 
length got through ; when the governor told the 
house, to attend him again on Saturday next, at 11 
o'clock, to receive his answer ; he did not get ready till 
the twelfth, when sending for the house, he delivered 
his answer. 

n. Lewis Morris, also now distinguished himself with great acti- 
vity in behalf of privilege, and had a large share in the whole 
conduct of this assembly ; of him more hereafter. 

0. After the house was gone, Cornbury with some emotion, told 
those with him, that Jenings had impudence enough to face the D—l. 



CHAP. 



296 



The history 



A.D. 
1707. 



CHAP. XVI. 

Lord Cornbury's ansiver to the assembly's remonstrance, 

' Gentlemen, 

ON thiirsday last I received a paper from you, 
which you call a remonstrance ; I then told you, 
it was of an extraordinary nature, and contained many 
particulars, which tho' they lay open enough to receive 
an immediate answer, yet because I Avould not put it 
in your power to say I had given you a rash inconside- 
rate answer, I would make no return to it till the 
Saturday following, at Avhich time I sent you word by 
the secretary, that I should not expect your attendance 
till this day. I shall not take notice of any thing in 
your preamble, but the two last clauses of it; in the 
first of which you say, that you have reason to think 
that some of your sufferings are owing to the gover- 
nor's long absence from this province, which renders 
it very difficult to apply to him in some cases that 
may need a present help : This is so far from being 
true, that besides my being twice in this province 
every year, and have never staid less than a Month, 
some times six weeks, or more, the post goes every 
week to New- York, by which I may be easily in- 
formed of any emergency ; moreover the lieutenant 
governor, colonel Ingoldsby, resides constantly in 
this province, and would certainly have done right to 
any persons that would have complained to him ; 
which makes this allegation very frivolous. 

' In the next clause you say, that it were to be wished 
that the affairs of New- York would admit the 
governor oftener to attend those of New-Jersey. The 
affairs of New- York have never hindred the gover- 
nor from attending those of New-Jersey, whenever 
it has been requisite ; and I can safely say, I don't 
know of any grievances this province labours under, 
except it be the having a certain number of people 



O F N E W - J E R S E Y . 297 

* in it, who will never be faithful to, nor live quietly A. D. 
' under any government, nor suffer their neighbours ^'"'* 
' to enjoy any peace, quiet or happiness, if they can 

' help 'it. 

' I now begin with your articles. 
' Two women that have been condennied for mur- 
' dering, have not been executed, there having appeared 
' most notorious malice and revenge in some people, 
' who were zealous in these prosecutions ; the queen 
' is the fountain of honour, justice and mercy ; and 
' as she is so, she may when she pleases, exert her mer- 
' cy, either in reprieving or pardoning any criminal : 
' That power of pardoning and reprieving after con- 
' demnation, the subjects of this province, her majesty 
' has been pleased to intrust me with ; and I am no 
' ways accountable to any person or number of persons 

* whatsoever, for what I do in those matters, but to tiie 
' queen's majesty alone. 

' As for what you say, with relation to the appre- 
' hensions you have, that just heaven will not fail to- 
' pour down vengeance upon your already miserable 
' country, if these criminals are not made to sufter 
' according to their demerits : I am of opinion, that 
' nothing has hindered the vengeance of just heaven 
' from falling upon this province long ago, but the 
' infinite mercy, goodness, long suffering, and forbear- 
' ance of almighty God, who has been abundantly 
' provoked by the repeated crying sins of a perverse 
' generation among us, and more especially by the 
' dangerous and abominable doctrines and the wicked 
' lives and practices of a number of people ; some of 
' whom under the pretended name of christians, have 
' dared to deny the very essence and being of the saviour 
' of the world : It is a strange thing, that such an assem- 
' bly of men as the representatives of the ])Cople of this 
' province are or ought to be, should complain of any 
' thing under the name of liardship, belbre they had 
' informed themselves whether the thing they had a mind 
' to complain of, were really a hardship or not : Thia 
' plainly is your case at this time ; for if you had asked 

any 



288 



The history 



A. D. 

1702. 



' any man, that knows any thing of the practice of 

* the law in England, you would have found, that 

* if any proceedings had been carried on against any 
' persons supposed to be guilty, they have always 

* paid the court fees, notwithstanding the grand jury 

* have not found the bill ; and this is so known a 

* practice, that it is not to be disputed ; but when men 

* will intermeddle with, or pretend to things which 

* they neither know nor understand, they cannot 

* fail of misguiding themselves, and misleading those 

* that have a mind to be guided by them. 

' Indeed, if juries in this country were as they ought 
*to be, the supposition might in some measure be 

* allowed ; but we find by woful experience, that there 
'are many men who have been admitted to serve upon 
' grand and petty juries, who have convinced the world 

* that they have no regard lor the oaths they take, espe- 

* cially among a sort of people, who under a pretence 

* of conscience, refuse to take an oath ; and yet many 

* of them under the cloak of a very solemn affirmation, 
' dare to commit the greatest enormities, especially if 
' it be to serve a friend, as they call him ; and these are 

* the designing men, and the vindictive tempers, of 

* which all the queen's good subjects ought to beware, 
' and be protected from ; and these are the crying sins 
' which will undoubtedly draw down the vengeance of 
*just heaven upon this province and people, if not 

* timely and seriously repented of. 

' If I could persuade myself to wonder at any of the 

* enormities contained in this remonstrance (and 

* which I would do if it came from any other men) it 
' should be at this ; because no reasonable man can 

* persuade himself to believe, that a number of men 

* chosen by their country to represent them, would pre- 

* sume to complain of a thing as a grievance, when the 

* thing complained of is in fact not true ; for the office 

* of probate of wills is wherever the governor is ; con- 

* sequently not at Burlington only : Ever since the queen 

* has done me the honour to entrust me with the govern- 

* ment of this province, I have never failed of being 

'in 



O F N E W - J E R S E Y . 299 

'in the province twice every year, once at Burlington, ^;:^- 

* and once at Araboy ; except the last year, that I had ^''07. 
'' the unspeakable misfortune of losing a wife, whom 

* I loved as my own soul, after a very long tedious 

* sickness, during which lam persuaded no I'casonable 
' man could expect I should leave her for any time; and 

* yet notwithstanding that, I vvas twice at Am boy last 
' year, where any body that had a will to prove, might 

* have had it done if they had pleased ; besides my 
' being twice every year in the province, considering 
' the remoteness of Cape-May county and the county 

* of Salem, I did appoint a surrogate at Burlington, 
^ before whom any of the inhabitants of either division 
^ might have had their wills proved ; I did not think 
^ it necessary to appoint one in the Eastern division 

* because the inhabitants of that division who are most 

* remote from New- York, are within a very easy day's 
'journey of my surrogate at Burlington, and much the 
' major part of the people of that division, are within 
*a small day's journey of New- York, where their pri- 

* vate affairs daily calls many of them, and where any 

* of them may have their wills proved without any 
'injury to, or encroachments u])on their pivjperties, 
^ rights or privileges : This is so certain a truth, that I 
' am persuaded all judicious and impartial men will 

* look upon this "iomplaint to be malicious, scandalous, 
^ and frivolous, contrived only to amuse poor ignorant 
' people with notions of grievances ; when in truth 

* there is no manner or cause of complaint : Besides 

* what you desiie, is a direct invasion of the queen's 

* prerogative ; for it belongs to her majesty alone to 
^ appoint who shall take probate of wills, and grant 

* letters of administration ; and that power the queen 

* has been pleased to vest in the governor ; and I am 

* sure I will never so far betray the trust her majesty has 
' honoured me with, as to sacrifice her prerogative 

* royal, to the humours of any person or persons what- 
' soever : But of all the people in the world, the qua- 

* kers ought to be the last to complain of the hardships 
' of travelling a few miles upon such an occasion, who 

' never 



300 



The history 



' never repine at the trouble and charges of travelling 
' several hundred miles to a yearly meeting, where it is 
' evidently known, that nothing was ever done for the 

* good of the country, but on the contrary continual 

* contrivances are carried on for the undermining of 
' the government both in church and state. 

' You have liad as little regard to the truth of mat- 

* ter of fact in this complaint, as in some of the rest ; 
' for it is certain, that the secretary's office is kept at 

* Amboy, as well as at Burlington, as far as the na- 

* tare of the thing requires, and it cati admit of, for the 
' records of the eastern division, or at least so many of 
' them as the agent for the proprietors of that division 

* could hitherto recover from one Thomas Gordon, 
' into whose hands they were put in the time of the pro- 
' prietors government, and who has embezzled several 

* of them, for which he must be answerable : there is a 

* supreme court held once every year at Amboy, there 
' is no more at Burlington ; so that one division does not 
' enjoy more privileges and advantages than the other ; 
' and you have no more reason to desire a secretary's office 
' to be settled at Amboy, than the people of the county of 
' Cumberland would have to desire a secretary of state'* 

* office to be settled in their county, because it is a great 

* way for them to travel to London when they have any 

* business in the secretary's office ; the thing is incon- 
' sistent in itself, to have two secretaries offices ia the same 

* province, and consequently unreasonable, and I am 
' pretty well satisfied without precedent ; besides I don't 
' know any body that can claim the right or power of 
'appointing a secretary in this province but the queen, 
'and she has been pleased to appoint one under the 

* great seal of England, and her majesty is pleased to- 
' think one sufficient, as undoubtedly it is ; but if you 
' had thought that another had been necessary, it would 
' have been much more modest to have acquainted me 

* with it, that I might have humbly represented it to her 

* majesty, rather than to have remonstrated that as a 
' grievance, which is done in pursuance of the queen's 

* commands : But this is of the same nature with the 

'rest 



Of NEW -JERSEY 301 

' rest of your complaints, contrived oo' purpose to a- A. D. 

* muse the poor ignorant people with a notion of grie- ^" 
' vances, when in truth there is not the least colour or 

' cause of complaint, I could wish, since you had a 
' mind to colour this complaint with the authority of 
' an act of parliament of England^ that you had 

* advised with some lawyer, to know whether this 
' could be any ways brought under that statute, or 
' can by any construction in the world be called a 
' monopoly ; but where a man engrosses a commodity 
' into his own hands, and imposes what unreason- 
' able price he pleases upon that commodity, or where 
' a man is suffered to enjoy any trade or occupation 
' exclusive of others, to the prejudice of the pub- 

* lick, or particularly the hindering or burthening of 

* trade ; the thing now complained of is so far from 
' being of that nature, that it is directly contrary ; for 
' by the patent now complained of, the subjects of this 
' province have the conveniency of sending such quan- 
' titles of goods to and from Burlington and Amboy, 
'as their private occasions, or the nature of their trade 

* requires, at reasonable and certain rates, and at certain 

* times, which they never could do before ; for before 

* the settling of this waggon, if any persons had occasion 

* to send any goods to or from either of those places, 
' they were forced to hire a waggon, cho' perhaps they 
' had not the tenth part of a load, and were forced to 
' pay such rates as the owners of the waggon thought 
' fit to impose upon them ; whereas at present every 
' body is sure once a fortnight to have an opportunity of 
' sending any quantity of goods, great or small, at 
' reasonable rates, without being in danger of being 

* imposed upon at the will of the owner of the waggon ; 
' and the settling of this waggon is so far from being a 
' grievance or a monopoly, that by this means and no 
' other, a trade has been carried on between Philadel- 
' phia, Burlington, Amboy and New- York, which 
' was never known before ; and in all probability would 
' never have been, had it not been for this certain 

* convenient way of sending such quantity of goods 

'as 



502 



The history 



as people pleased from place to place ; and in all the 
parts of Europe, the having publick carriages for 
goods has always been esteemed of absolute necessity, 
and the want of them has been looked upon as a hard- 
ship : But it seems those things which in the wisest 
and best governments in Europe, have not only been 
thought convenient but esteemed of absolute necessi- 
ty, are found out by some of our wiser people here, 
to be grievances and monopolies: This being un- 
doubtedly true, it's plain the patent complained of 
cannot come within the stat. of the 21 Ja. 1. chap. 3. 
This I believe will be sufficient to convince all reason- 
able men, how frivolous and unreasonable this com- 
plaint is. I shall observe, that when I was first applied 
to for a patent for the allowing this waggon, which 
was by one Dellaman, who in colonel Hamilton's 
time was permitted to drive a waggon for carrying 
goods, tho' under no regulation, either with respect 
to times of going, or prices for carrying goods, and 
then was no monopoly ; before I would grant it, I did 
acquaint the council with it, and desired them to let 
me know, if they apprehended any inconveniency in 
granting such a patent ; those gentlemen were all of 
opinion, there could be no inconveniency in it, but 
rather a great conveniency ; and indeed experience 
has proved that opinion to be true; nay, mr. Lewis, 
Morris himself, the chief promoter of these unreason- 
able and frivolous complaints at this time, who had 
the honour to be one of her majesty's council, ex- 
pressed himself very fully to that purpose : Indeed 
had that gentleman ever been consistent with himself 
in any two actions of his life, I should wonder how 
he could so soon alter his opinion in a case of that 
nature ; but his behaviour at all times having fully 
convinced the world that he never was so, makes me 
cease wondering : This clause of your remonstrance is 
indeed of a more extravagant nature than the former, 
for you presume to call that a great grievance, and 
afi&rm it to be directly contrary to magna charta, and 
contrary to the queen's express directions in the 

' governor's 



Of NEW--JERSEY. 303 

governor's instructions; which is most certainly ex- A^ D. 
actly pursuant to, and in obedience of the express 
words contained in the queen's instructions to the 
governor ; so that you make the governor's faithful 
obedience to the instructions the queen has honoured 
him with, to be a great grievance ; which is no less 
than accusing her most sacred majesty, the best of 
queens, of comnumding her governor to do things 
which in themselves are great grievances ; how grate- 
ful a return this is to her majesty, for the repeated 
favours she has been pleased to shew to this province 
and people, let the world judge ! 

' That clause of my instructions which you recite 
in this article, has no manner of relation to fees ; in- 
deed there is another clause in my instructions, which 
directs how, and by whom, all fees shall be settled, 
and the queen's commands have been observed ; the 
words of the clause are those, " And you are with 
' the advice and consent of our said council, to take 
' especial care to regulate all salaries and fees belonging 
to places, or paid upon emergencies, that they be 
witliin the bounds of moderation, and that no exac- 
tion be made on any occasion whatsoever ; as also that 
tables of all fees be publickly hung up in all places 
where such fees are to be paid, and you are to trans- 
mit copies of all such tables of fees to us, and to our 
commissioners for trade and plantations as aforesaid ; " 
and I challenge every one of you, and all mankind, 
to shew, how, when, and where, any man's life, 
member, freehold, or goods, have been taken away, 
or harmed in this province, since it came under her 
majesty's government, otherwise than by established 
and known laws, not repugnant to, but as much as 
may be, agreeable to the laws of England : AVhen I 
first read this clause, I could not imagine what it was 
put in for, unless it were on purpose to arraign the 
queen's express commands to me. First, Mr. Son- 
mans is not the pretended agent, but the lawfully 
constituted agent for the proprietors of the eastern 
division of this province, and has Qualified himself 

' according 



304 The HISTORY 

A. D. < according to the queen's instructions to me, and he 
1707. < (jQgg j-eside the greatest part of his time in the pro- 

* vince ; the records are not carried out of the Eastern 
'division, unless it be those which Thomas Gordon 
' has imbezzled ; but those that came to the hands of 
'Mr. Sonmans are kept at Amboy, where any body 

* may have recourse to them that will desire it, at any 
' reasonable hour ; and the country is not under any 
'disappointment upon that account; besides the records 
' of the Eastern division were put into the hands of the 
' proprietors agent, by an order from England, upon a 
' complaint made in England, that the records were 
' not in the hands of the proprietors agents. 

" These, governor, are some of the grievances." 
' This is certainly one of the boldest assertions that 

* ever was made, especially when there appears no man- 
' ner of proof to make it out : When I read these two 
'clauses; for there are two before you come to enume- 
' rate these grievances of an higher nature, and attend- 
' ed with worse consequences, I expected to have found 

* myself, or some other persons intrusted with me in 
' the administration of the government over her ma- 
' jesty's subjects in this province, not only accused, but 
' made ])lainly appear, by undeniable manifest proofs, 
' beyond the possibility of a contradiction, to be guilty of 
'the most enormous crimes: Who can imagine when 
' such a body of men, as the representatives of a pro- 

* vince, venture to say, that they did expect when the 
' government of the Jersies was surrendered, to feel the 

* influences of the queen's mild government under her 
' more immediate administration, and to be protected 
' in the full enjoyment of their liberties and properties ; 
' the last of which they thought themselves a little more 
' secure in, than some of the neighbouring plantations, 
' and had an entire dependance that her majesty's royal 
' bounty and goodness would never be wanting to make 
' them easy and happy, even beyond their wishes ; it is 
' their misfortune, that they must say, the success has 
' not answered the expectation ; and the queen's sub- 
' jects here have felt the reverse of what they had most 

'reason 



Of NE\y- JERSEY. 305 

•' reason to hope that the greatest and best of princes ■^- ^' 

' is without all peradventnre ignorant of their pres- 

^ sures, or they had long since had relief; she is too 

' good to continue even the deserved s.uiferings of the 

^ miserable, and has more of heaven in her, than not 

' to hear the cries of those that groan under oppression 

'and the unkind effects of mistaken poAver, to whom 

' they owe their misery ; who would not, I say, after 

'such assertions, expect to see the governor proved 

' guilty either of treason, or betraying the trust re- 

' posed in him by the queen, by depriving the subjects 

' of their lives, their estates or properties, or at least 

' denying them justice, and pervertiug the laws, to the 

* oppression, instead of administring them for the pro- 
' taction and preservation of the people committed to 

* his charge? These or the like crimes manifestly proved, 
' are the only things that can justify men in the accus- 
' ing a governor of corrupt practice, and of shaking 
' the liberties and properties of the people ; but if 
' none of these things can be proved, but on the con- 
' trary, it does appear plainly, that no one act of seve- 
' rity, much less of injustice or oppression, has been 
' done since the government of this province came un- 
' der the queen, but that there has been an impartial, 
'just and equal administration of justice observed thro' 

* o*it the whole course of my government, and that 
' many acts of mercy have been extended to persons 
' who deserved to be severely punished ; then what sort 
' of creatures must these bold accusers appear to be, in 
' the eyes of all impartial and judicious men ! That 
' these are truths beyond all contradiction, and which 
' all the people of this province know, I do challenge 
' you, and every one of you, to prove the contrary : 
' And tlio' I know very well, that there are several 
' unquiet spirits in the province, who will never be 
' content to live quiet under any government but their 
' own, and not long under that neither, as appears by 
' their methods of proceeding when the government 
' was in the hands of the proprietors ; when many of 
' these very men who are now the remonstrancers, were 

U 'in 



306 



The history 



' in authority, and used the most arbitrary and illegal 
' methods of proceeding over their fellow subjects- 
' that were ever heard of; yet I am satisfied, there are- 
' very few men in the province, except Samuel Jen- 
' ings and Lewis Morris, men known neither to have 
'good principles, nor good morals, who have ventur- 

* ed to accuse a governor ot such crimes, without any 

* proof to make out their accusation ; but thev are ea- 
' pable of any thing but good. 

' But that the unreasonableness of these complaints 

* may appear the plainer, let us consider what these 
^enormities of mine are, that have turn'd the benign 
' influences of the queen's mild governmeut into op- 
' pression, and the unkind effect of mistaken power : 

* First, by the instructions her most sacred majesty the 

* queen has honoured me with, I am to allow all such 
' agents as the general proprietors shall appoint, such 

* agents qualifying themselves by taking such oaths as 
' the queen is pleased to direct, and no others ; no per- 
' sons under the name of a council of propriet(jrs have 
' ever tendered themselves to take those oaths, conse- 
' quently they are not capable of acting as agents ; 
'Besides, I say, those people who call themselves a 
' council of proprietors, are a parcel of people, pre- 
' tending to act by a power derived from certain per- 
' sons, who have no power to grant; the governor has 
' therefore done in this case nothing but his duty, in 
' hindering, as far as in him lay, that pretended coun- 
' cil of proprietors from acting illegally, which they 
' have long done to the prejudice of her majesty's sub- 
'jects: This is a truth I cannot doubt of, because be- 
' sides the other reasons I have to satisfy me in that 
' point, you have voted my putting the records of the 
' eastern division into the hands of Peter Son mans, to 
'be a grievance; tho' Mr. Sonmans has qualified him- 
' self long ago ; so that the council of proprietors not 
' having qualified themselves at all, is a much greater 

* grievance. By the queen's instructions to me, she 

* is pleased to direct, that no person shall be capable of 

* being elected a representative by the freeholders of 

' either 



OfNEW -JERSEY. 307 

* either division, or afterwards sitting in general assem- A. D. 
' bly, who shall not have one thousand acres of land, ^^^^* 
*of an estate of freehold in his own right, within the 

' division for which he shall be chosen ; two gentlemen 
' of the council informed me, that three persons, 
' whose names they then mentioned, were not qualified ; 
' upon which I refused to take their attestations (for 
' they were all Quakers) and in so doing, I did my 
' duty : I recommended it to the assembly at that time 
' to proceed in the first place, to enquire into that matter ; 
' but they did not think fit to do it, till they had sat 
' about three weeks, and then they sent me a message, 

* to desire those three members might be sworn, lor 

* they were satisfied they were qualified ; I sent them 

* word, that if they would communicate to rae the 

* proofs which had satisfied them, I should be ready to 
' admit them ; but that they would not do : In some few 
' days the assembly was adjourned to meet at Burling- 
' ton, where they met at the time appointed, and sent 
' me the same message as they had done before ; I sent 
' them the same answer ; upon which they ordered the 
' three members to produce to me the proofs of their 
' qualifications ; which having done, I admitted them 
' immediately, which I could not do before, without 

* breaking the queen's instructions ; so that it was en- 
' tirely through their own stubborness that they were 

* not admitted sooner, and no intent or desire of mine to 
' keep them out : If I had had a mind to keep any mem- 

* bers out of the house, I could have made objections 

* which they could never have answered ; but such 

* practices are below me ; and it is not true, that I have 

* made any violation of the liberties of the people, nor 

* have assumed to myself a negative voice to the free- 

* holders election of representatives, as this house of 

* representatives has lately most notoriously done : But 

* of that more anon.' 

' Indeed the treatment I have met with from this 

* house of representatives, is far different from what I 

* and all reasonable men expected from most of them, 

* thinking them endowed with reason and common 

* justice 



308 



The history 



A. D. 

1707. 



'justice to mankind ; but it is not different from what I 
' expected from Samuel Jenings and Lewis Morris, 

* two men notoriously known always to have been 
' disturbers of the quiet and peace of this province, 

* men always possessed Avitlji passionate heats, and the 

* transports of most vindictive tempers, but never 

* capable of sucn serious resentments as would become 
*■ a liouse of representatives, if there were any occasion 

* given them to shew any ; how they have been able to 
*■ prevail with the major part of the house to join with 
^ them, in destroying as far as in them lay, the reputa- 

* *ion of a gentleman who has the honour to serve the 
' queen as governor of this province, and is so far 
' from deserving such treatment from them, that he 

* has always done to the utmost of his power, for the 

* good, welfare and prosperity of this province and 

* people, and would have done much more if the 

* assembly would have put it into his power, by pre- 

* paring such bills as the governor at the beginning of 
' every sessions has recommended to them, and the 
*■ condition of the country required ; but that they must 
'■ answer for lo God and their own consciences, and 
' perhaps one day to me. 

' Whether many considerable sums of money have 

* been raised or not, I know not ; and if they were 

* raised, for what incent and purpose they were raised I 
' know not ; but tins I know, that if any money was 
' raised, it was not given to me, nor was ever any mo- 

■ ney offered to me to procure the dissolution of the 

* first assembly, or to get clear of the proprietors quit 

* rents, or to obtain such officers as the contributors 

■ should approve of, as is falsly alledged : The reasons 
' why I dissolved the first assemby were evident to all 
' mankind ; for it was plain that house never intended 
' to do any thing for the support of the queen's govern- 
' ment, nor for the good of the country ; and indeed 
*■ better could not be expected from an assembly so cor- 
' ruptly chosen as that was ; for some of the now 

* remonstrancers, and some other people, prevailed 

* with Thomas Gordon, then sheriff of the county of 

'■ Middlesex, 



O F N E W - J E R S E Y . 309 

'Middlesex, to refuse a poll when demanded; and A. D. 
'when the people, injured by that practice, complained ^'^~' 
' to the house of representatives, they had a day 
* assigned them to be heard, but were limited to bring 
' but twenty witnesses ; the i)eople attended at the day 
'a])pointed, with the number of witnesses they were 
' allowed to bring, but were then by the house refused 
' to be heard, not only by themselves but by their 
' council, and their witnesses refused to be examined ; 
' tho' at the same time they heard Thomas Gordon, 
'who was conij)lained against, and did examine some 
'witnesses on his behalf; upon which the petition of 
'the complainants wiis dismist, thereby su))porting the 
'illegal proceedings of the sheriff; this was a viola- 
' lation of the rights of the people with a vengance, 
'and a sufficient reason, (if I had no other) for the 
' dissolving that assembly, that the people might once 
' more have a free choice of their representatives : As 
' for getting clear of the })roprietors quit rents, it is 
' such an absurdity to mention, that no body would be 
'guilty of it but Samuel Jenings and Lewis Morris; 
' for it is evident, that at the beginning of every sessions 
' I have recommended it to the assembly, to prepare a 
' Bill or Bills, for settling the rights of the proprietors; 
'which I suppose will be a full answer to that part; 
' and as I know of no such men as contributors, so 
' can I have no such application made to me : I have 
' not knowingly put any mean or mercenary men into 
' office ; indeed at my first coming into the 
' government of this province, I desired the gentle- 
' men of the council, to recommend persons to me fit 
' to be put into offices, military and civil ; several of 
' them gave me lists, and amongst the rest mr. Lewis 
' Morris gave me one, which I have still by me, in 
' \vhich indeed, by experience, I find there are some 
' mean, -scandalous men ; but I cannot accuse any body 
' else of doing the like. Thus much I thought niy- 
' self obliged to say, in answer to your remonstrance, 
' to satisfy the world of the falshood of your allegations 
^ and the unreasonableness of your complains. I have 

'said 



310 



The history 



A. D. 

1707. 



said the less in answer to the scandalous reflections you 
have cast upon me, because I do not doubt, but upon 
my most humble application to her most sacred ma- 
jesty the queen, siie will be graciously pleased to 
allow me to take such measures as may be most proper 
to procure me ample satisfaction, for the great and 
extravagant injuries you have done me : As for the 
advice you conclude with, I shall only say, that I 
can never answer the taking advice from men who 
do not know how to govern themselves, and who 
have always opposed the service of the queen, and 
the interest and good of the country, which are 
inseparable. 

* Now, gentlemen, I shall take notice to you of some 
of your late unaccountable proceedings in this assem- 
bly, which I can't pass by without a breach of the 
trust reposed in me by her majesty ; and first, I shall 
observe, that at the opening of* the sessions, I recom- 
mended to you the settling a revenue, and the preparing 
several bills which I thought might be useful for the 
country ; and I told you, that if you found any thing 
else necessary to be provided for by a law, you should 
always find me ready to agree to any thing that might 
be reasonable; but instead of proceeding upon those 
things so necessary, that they ought to have employed 
your first thoughts, you have squandered away your 
time in hawking after imaginary grievances, for the 
space of one whole month, without making one step 
towards the service of the queen, or the country ; 
you have presumed to take the queen's subjects into 
the custody of the Serjeant at arms, who are not 
members of your house ; which you can't lawfully do ; 
and is a notorious violation of the liberties of the 
people ; you have taken upon you, to administer an 
oath to one of your members, and have expelled him 
the house for refusing to take an oath, which you 
could not legally administer to him : This is most 
certainly robbing that member of his property, and 
a most notorious assuming to yourselves a negative 
voice to the freeholders election of their representa- 

* tives ; 



Of NEW-JERSEY. 311 

* tives ; for which there can be no precedent found : A. D. 

* You have arbitrarily taken upon you, to command ' 
' the high sheriff of this county, to discharge a prisoner 

* who was in his custody, at the suit of one of the 

* queen's subjects ; and he has been weak enough to do 

* it, for which he lies liable to be sued for an escape, 
' whenever the gentleman thinks fit to do it ; and from 

* which you can't protect him : This is a notorious 

* violation of the rights of the subjects, and a manifest 
'interruption of justice: You have taken upon you, to 

* appoint one of your members to act as clerk of the 
^ committee of the whole house, which you have no 
' power to do ; and the party officiating is liable to be 

* prosecuted for acting without lawful authority, and 
^ without being qualified to act. These, gentlemen, 
^ are some of the irregularities you have been guilty of 

* this sessions ; some of them are encroachments upon 

* the queen's prerogative, the rest are all notorious 

* infractions upon the liberties and properties of the 
^ people. 

* I was going to conclude, with giving you some 
^wholesome advice; but I consider that will be but 

* labour lost, and therefore shall reserve it for persons 

* who I hope will make a right use of it. 



CHAP. XVII. 

The CLSsembly's reply to Lord Oornbury's answer to their 
remonstrance. 

THE assembly did not immediately go upon the con- Fauco- 
sideration of a reply, having before them the trea- ^^^^^'^ 
surer, Peter Fauconier's accounts, in which they found 
many articles extraordinary in their nature, several of 
them being paid by Cornbury's order barely, and the 
whole without vouchers ; they sent for him ; he attend- 
ing, refused to lay his vouchers before them without the 
governor's commands; two members were sent to the 

governor 



312 The HISTORY 

A. D. governor, to desire him to order the treasurer to lay the 
vouchers of his accounts, and the orders for the pay- 
ment of the sums therein mentioned before them ; the 
governor said, he had already ordered it, though it was 
what he could not legally do, because the lord high 
treasurer had appointed an auditor general for the pro- 
vince, and he not being in it, had deputed one to audit 
the accounts, and that the treasurer was accountable 
only to the lord high treasurer ; but if the house was 
dissatisfied with any articles in the accounts, and 
thought proper to apply to hira, he would satisfy 
them : This was not done ; and the accounts, extraor- 
dinary as they were, remained unsettled till flunter'a 
administration several years alter. Several bills of con- 
sequence were now also under consideration ; but Corn- 
bury, apprehensive, that if he suffered the sessions to- 
continue much longer, it would produce something not 
to his advantage, on the 16th adjourn'd the house till 
the next September, to meet him at Amboy. In the 
October following they met accordingly : The first 
thing now concluded on, was a reply to the foregoing 
answer to their remonstrance ; next place, they resolved 
N. C. D. that they would raise no money till the 
governor consented to redress the grievances of the 
country; which if he did, they would raise £. 1500, 
for support of government for one year. 

On the 28th, the house sent a committee to acquaint 
the governor, that having seen his answer to their 
remonstrance in print, they thought fit to make a 
reply to it, and desired to know when he would admit 
them to wait on him with it ; the governor said, he 
would return an answer in due time ; they waited for 
his message till next day, and then concluding he in- 
tended to elude giving them opportunity of presenting 
it, sent a committee with it, but he would not receive 

it; 



Of NEW -JERSEY. 313 

it;P- upon which they ordered it to be entered in their A. D. 
journal, as follows : 

' May it please your excellency, 
vV^E, the representatives of this her majesty's pro- 
' vince of New-Jersey, finding her majesty's subjecte 
' greatly, and as we are very well satisfied with good rea- 
' son, aggrieved ; thought we could not answer the trust 
' reposed in us by our country, should we not endea- 

* vour to get those hardships removed under which they 
' labour. 

' It was needless to hunt after imaginary grievances, 
' real ones in too great numbers presenting themselves ; 
'and though from you we have miss'd of obtaining 
' that relief that the justice of our complaints intituled 
' us to ; yet we do not dispair of being heard by her 
' sacred majesty, at whose royal feet we shall in the 
' humblest manner lay an account of our sufferings ; 

* and however contemptible we are, or are endeavoured 
' to be made appear, we are persuaded her majesty will 
' consider us as the representatives of the province of 
' New-Jersey, who must better know, what are the 

* grievances of the country they represent, than a go- 

* vernor can do, -who regularly ought to receive infor- 
' mations of that kind from them ; and we do not 
' doubt that glorious queen will make her subjects 
' here as easy and happy as she can. 

' When we told your excellency, we had reason to 
' think some of our sufferings were very much owing 
' to your excellency's long absence from this province^ 
' which rendered it very difficult to apply to your lord- 
' ship in some cases that might need a present help, we 
' spoke truth ; and notwithstanding all your excellency 

' has 

p. Tlieir niessage to introduce it he received, and the next day 
laid it before the conncil. as follows: 'The house of representatives 
'having sent a niessage to your excellency, to know when your 
' excellency would be waited upon with a reply this house has 
'made to your excellency's answer to tlieir remonstrance ; and your 
' excellency having not, as is usual in such cases, assigned them any 
'time, they have appointed us to wait on your excellency with the 
'said reply, and to delirer it to you.' 



314 



The HISTOEY 



* has said of a months or twelve weeks in a year, and 

* the weekly going of a post ; we cannot be per- 

* swaded to believe, that nine months and upwards in a 
^ year, is not a long absence, especially when the seal 
' of the province is carried and kept out of the govern- 

* raent all that time; and the honourable colonel 

* Ingoldsby, the lieutenant governor, so far from 

* doing right, that he declined doing any act of 
' government at all ; whether he governs himself by 
' your excellency's directions or not, we cannot tell ; but 

* sure we are, that this province being as it were with- 
' out government for above nine months in a year, we 

* must still think it a great grievance, and not made less 

* so by carrying the seal of the province to New- York, 
' and laying her majtisty's subjects under a necessity of 

* applying from the remotest part of this province, for 

* three parts of the year and better, to your excellency 

* at fort Ann, in New-York, from which place most 

* of the commissions and patents granted during your 

* excellency's absence, are dated, (by what authority 

* we shall not enquire) notwithstanding a lieutenant 

* governor resides in the province, and is by her ma- 
^jesty's commission impowered to execute the queen's 

* letters patents, and the powers therein contained, 

* during your excellency's absence from this province 

* of New-Jersey ; without which powers given and 

* duly executed, a lieutenant governor is useless and an 
'unnecessary charge; and we cannot think, that her 
' sacred majesty, who honoured that gentleman with so 

* great a mark of her royal favour, as giving him a 

* commission for lieutenant governor of New-Jersey, 
' did at the same time inhibit him from executing the 

* powers therein exprest. 

' Things are sometimes best illustrated by their 
' contraries ; and perhaps the most effectual way to 

* convince the world, that this complaint is frivolous 

* and untrue, as by your excellency alledged, would 

* be, for your excellency to bring the seal of the pro- 

* vince of New- York to Burlington, keep it there, 

* and do all the acts of government relating to the pro- 

vince 



Of new-jersey. 315 

* vince of New- York, at Burlington, in New-Jersey, A. D, 

* for about three fourths of a year, and let the lieute- •^^^^* 
^ nant governor reside at New- York during that time, 

* without doing any act of government, adjourn their 

* assemblies on the very day, or day before they are to 
' meet, that they may not lose the advantage of 

* travelling to New-York, from the remotest part of 

* that province, and at a time when it cannot be done 
' without the utmost prejudice to their aifairs ; it's 
' hardly probable they would be pleased under such an 
' administration, notwithstanding the cjise of inform- 

* ing your excellency every week by the post, of any 
' emergency that might happen. 

' We are apt to believe, upon the credit of your ex- 
' cellency's assertion, that there may be a number of 
' people in this province who will never be faithful to, 

* or live quietly under any government, nor suffer their 

* neighbours to enjoy any peace, quiet nor happiness, 

* if they can help it ; such people are pests in all go- 
' vernments, have ever been so in this, and we know 

* of none who can lay a fairer claim to these characters 

* than many of your excellency's favorites. 

' What malice and revenge were in the prosecution 

* of the condemned persons, we don't know ; we never 
' heard of any till now, and hardly can be persuaded 
^ to believe it's jjossible there should be in both the 
' instances. 

' It is not impossible, there might be malice in t4ie 

* prosecution of the woman who was condemned for 

* poisoning her husband ; there not being (as is said) 

* plain proof of the fact, but it was proved she had 

* attempted it before more than once ; and there were 

* so many other concurring circumstances as did induce 

* the jury, who were of the neighbourhood (and well 

* knew her character) to find her guilty, and it is hardly 

* probable their so doing was an act of malice. 

' The woman who murdered her own child, did it 
' in such a manner, and so publickly, that it is unreason- 

* able to suppose there could be any malice in the pro- 
*secution jf her, and we cannot think (notwithstand- 

*ing 



316 



The history 



A. D. 

1707. 



' ing your excellency's assertions) that you can or may 
' believe there was. This woman was a prisoner in 
' the sheriff's custody for breach of the peace, and 
' going about some of the household affairs the sheriff" 
' employed her in, with a knife in her hand, her child 
' who was something froward, followed her crying ; 
'upon \vhich the mother tuiuod back to it and cut it's 

* throat ; but not having cut it deep enough, the child 
'still followed her all bloody, and crying, O ! mother 
'you have hurt me ; the mother turned back a second 
' time, and cut it effectually, and then took it up and 
' carried it to the sheriff" or his wife, at whose feet she 
' laid it: How far such a ^^•retch is entitled to the queen's 
' favour, her ma,jesty can best tell, when she is made 
' acquainted with the fact ; but sure we are, she never 
' gave your excellency the power of pardoning wilful 
' murder : Whether your excellency has or has not re- 
' prieved them, you best know, and are only accounta- 

* ble to her majesty for your procedures therein ; tho' 
' we have too much reason to believe, the favourable 
' opinion your excellency has so publickly expressed of 
' her, has been a great reason to induce her to make 

* her escape, which she has done. We thought it our 

' duty, humbly to represent that matter to your excel- 
' lency's consideration, and had reason to be apprehen- 
' sive of tlie judgments of almighty God, whose infi- 
' nite mercy has hitherto suspended the execution of 

* his justice, notwithstanding that great provocations 
' have been given him, by impiety, prophaneness and 

* debauchery, under the mask of a pretended zeal for 
' his glory, and love for his church : It is not our busi- 
' ness to enter into religious controversies ; we leave 
'them to divines, who ought best to understand things 
' of that nature, and who may perhaps inform us what 
' is meant by denying the very essence of the saviour of 
' the world. 

' We cannot yet be persuaded, that an innocent 
' person should pay fees ; what the practice in England 
' is, we did never enquire, but believe, that persons 
' acquitted by a grand jury, do not pay those extra va- 

'gant 



Op new-jersey. 317 

*gant fees they are made to pay here; we did not A. D. 
' govern ourselves by the practice there, but the unrea- 

* sonableness ol' the thing ; and your excellency does 

* grant, that what we say is in some measure to be 
' allowed, were the juries in this country such as they 
' ought to be ; we hope they are, and our experience has 
' not convinced us, that persons who under pretence 
' of conscience refuse an oath, have yet no regard for 
' the oaths they take, as your excellency says. The 
' temptations to resentment prove often too powerful, 
' and irresistably engage us in unbecoming heats, and 
' when the characters of men are written with pens 
' too deeply dipt in gall, it only evinces a want of tem- 
' per in the writer. Our juries here are not so learned 
' or rich as perhaps they are in England ; but we doubt 
' not full as honest. We thought the only office for 
' probate of wills was at Burlington ; but your excel- 
' lency has convinced us, that it is wherever your 
' excellency is, and consequently may be at York, 
' Albany, the east end of Long-Island, or in Con- 

* necticut, or New-England, or any place more remote 

* should your excellency's business or inclination call 

* you there ; which is so far from making it less a 
' grievance, that it rather makes it more so ; and not- 
' withstanding those soft, cool, and considerate terms 
' of malicious, scandalous and frivolous, with which 
'your excellency vouchsafes to treat the assembly of 
' this province ; they are of opinion, that no judicious 
' or impartial men, will think it reasonable, that the 

* inhabitants of one province should go into another 
' to have their wills proved, and take letters of admi- 

* nistration at Fort Ann, from the governor of New- 
' York, for what should regularly be done by the 
' governor of New- Jersey in Jersey, to which place 
' all the acts of government relating to New-Jersey, 
' are limited by the queen's letters patents under the 
' great seal of England ; and when your excellency is 
' absent from New-Jersey, to be executed by the lieu- 
' tenant governor ; and' by the said letters patents not 

* the least colour of authority is given to your excel- 

lency. 



318 The HISTORY 

A. p. ' lency, to do any act of government relating to 
170<. * New-Jersey, any where but in Jersey; nor is there 

* any instruction (that we know of) contradicting the 

* said letters patents any where upon record in this 

* province, to warrant your excellency's conduct in that 
' affair : If this be not cause, and just cause of com- 

* plaint, we do not know what is ; we are inclined to 

* believe, the province of New- York would think it 
' so, were they to come to Amboy or Burlington, to 

prove wills, <fec. 
' We do not think, that what we desire, is an inva- 

* sion of the queen's right ; but what her majesty, 
' without infringement of her prerogative royal, may 
' assent to ; and their late majesties of blessed memory, 

* did, by their governor colonel Fletcher, assent to an 
act made in New- York, in the year 1692, entitled, 

* An act for the supervising intestates estates, and regu- 

* lating the probate of wills, and granting letters of 

* administration ; ' by which the court of common pleas 
^ in the remote counties of that province, were im- 

* powered to take the examination of witnesses to any 

* will within their respective counties, and certify the 

* same to the secretary's office ; and the judges of the 
' several courts in those remote counties, impowered 

* to grant probates of any will, or letters of administra- 

* tion, to any person or persons, where the estate 

* did not exceed £. 50 ; what has been done there may 
'with as much reason be done here, without sacrificing 

* the queen's prerogative royal to the humours or 
^ caprices of any person or persons whatsoever. 

* It is the general assembly of the province of New- 
' Jersey, that complains, and not the quakers, with 
' whose persons (considered as quakers) or meetings we 

* have nothing to do, nor are we concerned in what 
^ your excellency says against them ; they perhaps, 
^ will think themselves obliged to vindicate their meet- 

* ings from the aspersions which your excellency so 

* liberally bestows upon them, and evince to the world 
' how void of rashness and inconsideration your excel- 

* lency's expressions are and how becoming it is for 

'the 



Of NEW-JERSEY. 310 

' tlie srovernor of a province to enter the lists of con- A. D. 

' troversy, with a people who thought themselves 

' entitled to his protection of them in the enjoyment 

' of their religious liberties ; those of them who are 

' members of this house, have begged leave in behalf 

' of themselves and their friends, to tell the governor, 

' they must answer him in the words of Nehemiah to 

* Sanballat, contained in the 8th verse of the 6th 
'chapter of Nehemiah, viz. There is no such thing 
' done as thou sayest, but thou feignest them out of thine 
' own heart. 

' We are so well assured the fact is true, that the 
'secretary's office is kept at Burlington only, that we 
' still are of opinion it is a grievance, for the reasons 
' we have assigned ; the proprietors records has not any 
' thing to do with the secretary's office, but is an office 
' wholly belonging to the proprietors, and altogether 
' at their disposal ; and is not a secretary's office kej)t at 
' Amboy, either as far as the nature of the thing re- 
' quires or can admit of, or any way at all. 

' And as the assemblies and courts sit alternately 

* at Amboy and Burlington, so it is highly reasonable 

* the secretary's office should be kept alternately also 
' at both these places, or by deputy in one of them,. 
' and may be very well done without making two secre- 
' taries. 

' Both this and the rest of our complaints, are not 
'with design to amuse the people, buc are just and 
'reasonable; and we believe, will by the people be 
' thought to be grievances till they are redressed ; who 
' can no more think it reasonable, that all the inhabi- 
' tants of the eastern division should come to the office 
' at Burlington, than that all of the western division 
' should go to Amboy. 

' We are still of opinion, the grant we complain of 
' is against the statute we mentioned, because it is ex- 
' elusive of others, and to the prejudice of the publick. 
' It can never be thought reasonable to prohibit any 
' body to cart their own goods, or any body's else, a& 
' by virtue of that grant has been done ; and not only in 

'the 



320 



The history 



' the road from Amboy to Burlington, but in the road 
' from Shrewsbury ; and a patent may as well be 
' granted to keep horses to hire, by which a man may 

* be hindred to ride his own : It is destructive to the 
' common rights of men, and a great grievance, and 

* we had reason to endeavour to get it redressed, 

' It's true, a certain convenience for transportation of 
' goods, is no doubt of great use, and the profit that 
' accrues by such undertakings, is the motive that in- 
' duces any persons to be at the charge of them, and 
' providing fit carriages for that end, and of ascer- 

* taining the times and prices of carrying ; and the more 
' providers of such carriages, the more certain and 
' cheap the transportation, and freest from imposition ; 

* and consequently the fewer carriages, the less certain 
^ and deare^', and the persons under a necessity of using 

* them more subject to be imposed upon by the carrier; 

* now whether granting by which others are excluded, 
' waving the unlawfulness of it, be a means to increase 
' the number of the undertakers in that kind, or to 
' lessen them, and confine those who have any occasion 

* to transport goods, to give such price as he that has 
' the patent thinks fit to impose, we leave to all men 

* of common sense to judge; and if experience may 
' be admitted to determine that matter, it is plain that 
' transportation of goods, both by land and water, is 

* dearer than it was before the granting of that patent : 
' It's true, the certainty was not so great as now ; for 

* now we are certain that a man cannot with his own 
' carts carry his own goods, but that if he does they 
' will be seized ; and if that be one of the conveniences 

* which the wise people in Europe think of absolute 
' nec(!ssity, we shall think it no irony to be called wiser, 
' in differing from them, and calling them monopolies 

* as they are, and prejudicial to trade, and especially 

* that between York and Amboy, Burlington and 

* Philadelphia ; which did not owe it's beginning to 
' your excellency's patent, but was begun long before 
' your excellency had any thing to do with New-Jersey, 

* and in all probability had much more increased were 

'it 



Of NEW-JEESEY. 321 

* it not for that patent ; and we believe whenever the 17^* 
' gentlemen of the law will give your excellency their 

' true opinion of it, you will not be long in doubt 
' whether 'tis a monopoly or not : We thought it a 
' monopoly, as we do still, and a grievance, as is also 
' botli that and other grants made by your excellency 
' at fort Ann in New-York, for any thing in Jersey. 

' Your excellency has neither by birth nor acquisi- 
^ tion, a right to the sovereignty of New- Jersey; nor 
' have you any power of governing the queen's subjects 

* here, but what her majesty is pleased to grant you by 
' her letters patents, under the great of England ; by 
' which letters patents the powers therein contained, are 
■* limited to that country, which was formerly granted by 
' king Charles the second, under the name of Nova Cse- 
^ saria or New- Jersey, and which has since been subdi- 
' vided by the proprietors, and called East New-Jersey, 
^ and West New-Jersey, and which her majesty is pleased 

* to reunite under one entire government, viz. " The 
" divisions of East and West New-Jersey, in America ; 
" and in case of your excellency's death, or absence from 

' that country, which was subdivided by the proprie- 
'' tors, and called East New-Jersey and A¥est New- 
" Jersey, the powers of government are lodged in 
" other hands." Now either fort Ann and the city 
' of New- York, is in that country granted by king 
' Charles the second, and sub-divided by the proprie- 

* tors thereof, and called East New- Jersey and West 
' New-Jersey ; or your excellency is absent from New- 

* Jersey, when you are at fort Ann in New- York ; that 
' fort Ann is in New-Jersey, we believe, that even your 
' excellency will think impracticable to persuade us to 
' do so much violence to our reason as to believe ; 

* therefore your excellency when at fort Ann, or any 

* where in New- York, is absent from New- Jersey ; 
' and what the consequence is we need not say, thinking 
'the pretence of a power to do acts of government 
' relating to New-Jersey, at fort Ann, in New-York, 
' to be so manifestly absurd, as to need nothing further 
' to be said against it. 

X ' There 



322 



The history 



' There is nothing more common in the statutes 
' than the establishing fees, and we are of opinion 
' that all fees have been established by act of parlia- 
' ment ; and indeed it seems to us unreasonable they 
' should be established by any other authority ; for if 
' a governor, either with or without his council, can 
' appoint what sums of money shall be paid for fees, 

* he may make them large enough to defray the charge 
' of government, without the formality of an act of 
' assembly, to raise a revenue for the necessary support 
' of the same ; and if it does not come up to the taxing 
' of the queen's subjects, without their consents in 
' assembly, we are to seek what does. 

* We cannot think the clause of your excellency's 

* instructions, which we have recited, to be so foreign 
' to the matter of fees, as your excellency says it is ; 

* for the enforcing the payment of fees by any autho- 
rity but that of the assembly's, is taking away a 

* man's goods otherwise than by established or known 
/ laws, except the act of a governor and council be a 
' law, which we think is' not, nor never intended by 

* the queen it should ; nor do we think, by the instruc- 
' tions your excellency mentions, you are to establish 
*fees; but only to regulate those already appointed,. 
' and to take care that no exaction was used ; but if it 
' did, your excellency has convinced the world, that 

* you do not think yourself bound by the queen's in- 

* structions, but where the law binds also. 

' As in the c;\se of Ormston, where nothing could 

* be more positive than her majesty's directions ; yet 
*your excellency did not think yourself ministerial, 
' or by not complying with her majesty's orders, that 
'you accused the best of queens, with commanding 
' her governor to do a thing which was not warranted 
' by law ; nor never enquired, whether the refusing 
' obedience to her commands, was a fit return for the 
' many favours she had bestowed upon you ; but go- 
' vern'd yourself in that singular instance as near as 
' you could by the law. The seventh clause was not 
'put in to arraign the queen's express commands to 

'your 



Of NEW -JERSEY. 323 

* your excellency ; but to complain of the great hard- A. D. 
' ships her majesty's subjects lay under, by your excel- ^^^7*^ 

* lency's putting the records there mentioned, into the 
' hands of Peter Sonraans, who is not the proprietor's 
' recorder, nor had no express command from the* 
' queen to put the books into his hands ; and may in 
' part answer the challenge made by your excellency in 
' the last part of the next foregoing clause ; for your 
'excellency had commanded the said records to be put 
' into the hands of Mr. Bass, the queen's secretary ; 

* up which, application was made to her majesty, 
' who was pleased to give an order in favour of the 
' proprietors ; and without all peradventure, it was 

* intended they should be in the hands of the proprie- 
' tor's recorder, which Mr. Thomas Gordon was at 
' that time, and regularly is still, being constituted by 
' the majority of the proprietors in the eastern division, 
' and by your excellency sworn ; mr. John Barclay was 
' also by your excellency sworn, and a proclamation 

* issued in his favour ; since which Mr. Peter Sonmans 
' arrived from England, and upon application to your 
' excellency, was by your excellency, admitted receiver 

* general of the quit rents, and the proprietors records 

* by your excellency put into his hands ; which, with 
' submission, we think could not be done regularly by 
' your excellency : For in the first place, they were 
' constituted by the majority of the projjrietors, whose 

* servants they were, and to whom they were account- 
' able, and to none else. 

' 2. These places were the properties of Mr. Tho- 
' mas Gordon and Mr. John Barclay ; and to deprive 

* them of them, without due course of law, is what 

* your excellency has no authority to do, nor can have. 

' 3. Whether they were made by the greater or 
' lesser part of the proprietors, your excellency was no 
' ways concerned, nor had any right of determining 

* in the favour of either one or other, the law being 

* open to any who thought themselves aggrieved. 

' 4. Those books and records were the properties of 

* the general proprietors ; and if your excellency can 

dispossess 



324 The HISTORY 

A. p. < dispossess any proprietor of them (for Thomas Gordon 

1707. ( ^j^g ^ proprietor) and put them into the hands of 

' another, you may by the same rule dispossess any 

* one of their goods, and give them to who you think 

* fit, and any proprietor of their property, and give 

* it to which of the proprietors you think fit, as is 
' actually done by your excellency in the case of Son- 

* mans ; and was attempted with the same violence in 
' favour of Mr. Bass : It will not be a sufficient answer 

* to this, to say, Sonmans was proprietor's agent ; 
^ which whether he was or M^as not, your excellency 
^ had no right to determine to any other purpose but 
^administering an oath to him, after which he was of 

* course to be allowed ; and so ought as many agents 
^ as the proprietors made, who were not accountable 

* to your excellency for any procedures in the proprie- 

* tors affiiirs, that were not unlawful. 

' 5. Sonmans neither had, nor pretended to have, at 
■* that time (whatever he has done since) any right or 

* colour of right, to be the proprietors recorder, not 
^ any mention being made of it in that very lame 
"^ commission he had ; and were he to have the top of 
^ his pretences, it would but to be deputy to a person in 
"* England ; and whether he has a right or not, is a great 
^ question, and regularly only determinable at the 
'* common law ; but your excellency's shorter method 
' of procedure saves disputes of that kind : If this be 

* acting according to established and known laws, not 

* repugnant to, but as agreeable as may be, to the 

* laws of England ; if this be administering those laws 
' for the preservation and protection of the people, 
' we would be very gladly informed, what perverting 

* of them can be ; as to the matter of fact, we aver it 

* to be truth, that Mr. Sonmans did not reside in the 
' province, had not given security for the keeping of 

* those records, as by the queen is positively directed, 
^ they were carried out of the Eastern division, and were 

* produced at the supreme court at Burlington at the 

* time of our complaint. 

'Those 



Of NEW-JERSEY. 325 

' Those things, and that gentleman's character, are A. D. 
^ so well known, that it is needless to offer any thing -^"^^ 
^ else in justification of that reasonable request we made, 
^ that they might be so kept as her majesty's subjects 
' might have recourse to them, and in the hands of 

* such of whose fidelity there is no reason to doubt. 

' These, may it please your excellency, were the 
'grievances we complained of; and they were but a 
'small number of many we could with equal justice 
' remonstrate ; and which, notwithstanding those soft, 
' cool, and considerate terms of false, scandalous, 

* and malicious, and other bitter invectives which your 
' excellency so often uses to the representative body of 
' a country ; we are still of opinion, they are not imagi- 
' nary, but real grievances, not false, but God knows 
^ too true; and which it was our dtity, in discharge of 
^ the trust reposed in us, to get redress'd. 

' Our sad experience has convinced us, that our 
^ endeavours have not met with a success answerable to 

* what might reasonably be our expectations, and that 

* instead of redressing the grievances of the country, 
' their number is encreased : Before we enumerated 

* those grievances of an higher nature, and attended 
' with woise consequences, we first said, the treatment 
"* the people of New-Jersey had received, Avas very 
' different from what they had reason lo expect under 
' the government of a queen deservedly famous for her 
*just, equal and mild administration; that the hard- 
' ships they endured, were not owing to her majesty, 
' who they were well assured, would by no means, make 
■* any of her subjects miserable, nor continue their mis- 
' fortunes were she acquainted with them, and in her 
' power to give them relief; but that the oppressions 
' they groaned under, were the unkind effects of mis- 

* taken power ; and what these effects were, and who 

* the cause of them, we proceeded to shew ; and if the 
' instances we there give, be true, it will then appear to 

* the world, that the expressions we have used, are the 

* softest could be chosen, and very far short of what 

* the nature of the thing could bear, and that these 

'bold 



326 



The history 



A. D. 

1707. 



' bold accusers are a sort of creatures called honest meuy 
'just to the trust reposed in them by the country, who 
* will not suffer their liberties and properties to be torn 
'from them by any man, how great soever, if they 
' can hinder it. 

* And that the reasonableness of our complaints may 
' appear the plainer, we shall consider what your excel- 
' lency has said in answer, and leave it to our superiors,, 
'and to all just and impartial men, whether we are not 
'a people the most abused of any of her majesty'^ 

subjects. 

' As to the first instance, your excellency does acknow- 
ledge the fact to be true, and offers the following 
reasons to justify your conduct to the council of pro- 
prietors : The first is, that by her majesty's direction* 
you are to allow of all such agents as the general pro- 
prietors shall appoint, such agents qualifying them- 
selves by taking such oaths as the queen is pleased to 
direct, and no other ; that no persons under the name 
of a council of proprietors, have ever tendered them- 
selves to take such oaths; consequently they are not 
capable of acting as agents. 

* 2. That the council of proprietors are a people 
pretending to act by a power derived from certain 
persons who have no power to grant, and tiiat this a 
truth, viz. that they are a people pretending to act 
by a power derived from certain persons, who had 
no power to grant, your excellency is satisfied ; besides 
other reasons, by this in particular, that the assembly 
have voted to put the records into the hands of Peter 
Sonmans, to be a grievance ; whereas their not quali- 
fying themselves is a greater grievance. To set this 
matter in a true light, it will not be improper to pro- 
duce the words of the instructions; which are as 
follows ; '' You are to permit the surveyors and other 
'persons appointed by the Aforementioned general 
' proprietors of the soil of that province, for surveying 
* and recording the surveys of lauds granted by and 

held of them, to execute accordingly their respective 
trusts : And you are likewise to nermit, and if need 

'be 



Of NEW- JERSEY. 327 

■^^ be, to aid and assist such other agent or ag-ents, as A, D. 

" shall be appointed by the said proprietors for that end, 

*' to collect and receive the quit rents, which are or shall 

" be due unto them, from the particular possessor of 

" any tracts or parcel of land from time to time ; pro- 

" vided always, that such surveyors, agents, or other 

" officers appointed by the said general proprietors, do 

" not only take proper oaths for the due execution and 

" performance of their respective offices and employ- 

" ments, and give good and sufficient security for 

" their so doing ; but that they likewise take the oaths 

" appointed by act of parliament to be taken instead 

" of the oaths of allegiance and supremacy ; as also 

" the test, and subscribe the 'forementioned association ; 

*' all which you are accordingly to require of them, 

^' and not otherwise to admit any person into any such 

*' office or employment." After the proprietors had 

* surrendered their power of government, relating to 
^ their soil, they were under a necessity of employing 

* persons, to survey and record the surveys of lands 

* granted by and held of them ; and in the Eastern 

* division, several quit rents being due to them, there 
^ was a necessity of having one or more agents to col- 

* lect and receive those rents ; which persons (because 

* the crown intended, that the proprietors by the surren- 

* der of their government, should by no means be inse- 

* cure in their propcrftes) your excellency was directed 

* not only to permit such officers to be and execute their 

* respective trusts, but also to aid and assist them, if 
' need were ; and because such offices were places of 

* trust, both with respect to the proprietors and the in- 
^ habitants, it M^as directed, that they should take pro- 

* per oaths, and give good and sufficient security ; and 
' that they Avho enjoyed those places of trust, might be 

* persons well affected to the present government, there 

* was especial care taken, to direct, that they should 
^take the oaths appointed by act of parliament to be 
^ taken, which your excellency was to require of them, 
*and not otherwise to admit them to execute those 
'trusts: From all which we observe, first, that no 

' asrents 



328 



The history 



A. D. 

1707. 



'agents are concerned in that instruction, but such as 
' were to survey and record the surveys of lands, and 
' collect the quit-rents. 

' 2. That the proprietors were not limited to employ 
'a certain number of agents, but might employ as 
' many as they thought fit ; all which your excellency 
' was to aid and assist if need were. 

' 3. Your excellency was not to expect while they 
' tendered themselves to take the oaths appointed, but 
' to require them to take them ; and upon their refusal 
' not to admit them ; for it was impossible they, or any 
' else, should deem themselves bound by the queen's 
' instructions to certain performances, except such 
instructions had been made publick, and they made 
'acquainted with it. 

' Now in the first place, your excellency never pub- 
' lished any such instruction, nor ever did require 
' those agents called the council of proprietors to 
' comply with it by taking any oaths. 

' 2. The council of proprietors are not such agents 
' as the instructions mention. 

* 3. Were that instruction binding, your . excellency 

* has by no means coraplyed with it ; for the surveyor 
' appointed by the proprietors of the western division,. 
' has Several times tendered himself to take and sub- 
' scribe according to her majesty's directions, and 

* has been refused. 

' 4. Mr. Son mans, tho' a bankrupt, and his 
'powers disputed, admitted to keep the records of 
' the eastern division, and that without any security ; 
' and persons who were sworn to those places, and 

* employed by proprietors, and a greater number, not 
' only not permitted to act, but deprived of their 
' places (with which your lordship had nothing to do; 
' without a due course of law, forceably by your lord- 
' ship's directions. 

' Lastly, the council of proprietors are attornies 
' to private men, for the taking care of their several 

* properties, and are neither concerned in . that instruc- 
' tion, nor bound by it ; if they were, we shall not 

' dispute- 



OfNEW-JEESEY. 320 

' dispute how far that instruction may be a law to your A, D. 

* lordship, but we are sure 'tis so to no body else, ^'^^^* 

* but where the laws of the land bind without it ; and 
' if so, 'tis no sufficient warrant to destroy any man's 
' property, or deprive him of the use of it, without 
'the judgment of his peers; for your lordship cannot 
' but know, if you do not, the last clause of the peti- 
' tion of right will tell you, that the queen's servants 
' are to serve her according to law, and not otherwise j 
' and every gentleman of the law can inform your 
' excellency, if he pleased, that the queen's authority 
' or warrant produced (if you had done any such 
' thing) cannot justify the commission of an unlaw- 
' ful act ; which this certainly must be, except the law 
' provides that no man must make an attorney but 
' with your lordship's approbation : As to the second 
' reason, to use your excellency's expressions, if we 
' could wonder at any thing your excellency has done, 

* it would be at the reason your excellency gives, as 
' much as at the action ; it being a ])]ain pretending to 

* a right of judging solely who have a right to their 
' estates, and who not, and according to that judg- 
' ment to permit them to retain or force them to part 
' with their possessions ; for in the first place, that 
' matter was never brought before your lordship, and 
' what information you had (if you had any) was 

* private ; and we are told no freeman can be dispossessed 

* of his freehold but by judgment of his peers, or 
' the law of the land ; but here is at once a determina- 

* tion, that a number of proprietors, nigh or above 
' nine tenths of the whole, have no right to grant, 
'and accordingly they are prohibited takiug up or 
' disposing of their lands ; for the council of proprie- 
' tors, are all proprietors themselves, except rar» 
' Morris tlieir president ; and we can't see, but any 
' freeman, or number of freemen in the province, may 
' be dispossessed by the same measures ; for 'tis but your 

* lordship's saying, the jjersons they had their lands 
' from, had no right to grant, and then order the pos- 
' sessors to make no further improvements, nor to dis- 

' pose 



330 



The history 



* pose of any of their lands ; and thus conchide them 

* without the tedious formality of the old magna 
' charta way ; and who is hardy enough to dispute with 
'a man that commands two provinces? 

' 2. What your excellency asserts, with relation to 
' the council of proprietors, viz. that they were per- 

* sons deriving a power from those who had no 

* right to grant, is what your excellency neither did, 

* nor could know ; that you did not know it, nothing 
^is more plain; because your excellency some days 
'after your lordship's answer to our remonstrance, 

* summoned some of the council of proprietors before 
'yourself in council, and there asked them the follow- 

* ing questions, viz. First, who the late council of 
'proprietors were? Secondly, who were the present 
'council of proprietors? Thirdly, who they derived 

* their powers from? Fourthly, what their powers were? 
' By which it appears, your excellency neither knew 
' who the council of proprietors were, what their 
' powers were, nor who they derived them from ; 
' which is very far from knowing whether the persons 
' who gave them those powers, had power to grant or 
^not; and that your excellency could not know, is as 

* plain ; because the deeds of what proprietors are in 
' this country, you never did see ; and those that are 
' in England, you could not see. 

* How your excellency is, from our voting the put- 

* ing the records into mr. Sonmans hands to be a grie- 
' vance, satisfied that the persons from whom the 
' council of proprietors derive their power, have no 
' power to grant ; is very much beyond our poor capa- 
' cities to understand, and may perhaps be of the 
' number of those unanswerable objections your lord- 
' ship tells us of in your answer. To the next clause 
'your lordship justifies your proceedings with tha 
' assemblymen, as being your duty ; and that what 
' you did, was by virtue of the queen's instructions ; 

* how far they will justify your excellency's conduct 
' is our next business to speak to ; but in the first place 

* we are obliged to your excellency, for acknowledg- 

'ing 



O F N E W - J E R S E Y . 331 

^ ing the matter of fact; which tho' notoriously known, A. D. 

* was omitted to be entered in the journals of this ^'^^'^* 

* house, by your excellency's faithful servant, mr. 
^ William Anderson, late clerk of this house. 

' By the queen's instructions, not the least colour of 
'authority is given to your excellency, to be a judge 
^ of the qualifications of assemblymen, so as to admit or 
'reject them; which is not only a direct contradiction 
' to the very nature and being of assemblies, but must 
' render the liberties, lives and properties of the people 

* entirely at your excellency's disposal; which as her 
' raa-jesty never intended, so without doubt she never 
*■ did intend by any instruction to make so precarious ; 
' and how well she'll be pleased at wresting her iustruc- 

* tions to authorize what we are well satisfied slie will 

* be very far from countenancing, time may inform 
*us: This house could not be so much wanting to 

* themselves, and the province they represent, as to 
' omit taking notice of a procedure, which tends to 
*■ destroy the very being of assemiilics, by rendering 
' them the tools of a governor's arbitrary pleasure, and 
' the enemies instead of the preservers of the liberties 
' of their country ; and we are well assured, that no- 
' thing your excellency has said, will perswade tho 
*■ world to believe, that your excellency or any other 
' governor, has tiiat power you pretend to, or that it 
' can be consistent with the liberties of a free people. 

' That there were considerable sums of money raised ; 

* that most of them were raised with intent and i^urpose 
' to give to your lordship, to procure the dissolution 
' of the last assembly, and procure such officers as the 
'contributors should approve of; that in all proba- 
' bility the money so raised, was given to your lord- 
' ship ; that the assembly was dissolved ; that the con- 
' tributors were complied with as far as could be ; 
' that you did receive from doctor John Johnston, 
' two hundred pounds, upon the score of the pro- 
' prietors of the eastern division of New-Jersey ; are 
' such notorious tuths, that it is a vanity to deny 
'them; and will be believed, notwithstanding all the 

' force 



332 



The history 



' force of evasive arts to perswade to the contrary : 
' And since we have mentioned doctor Johnston, it's 
' not amiss to enquire, whether the services you were 
' to do the proprietors were such as your lordship 
' ought, or ought not to have done ; if they were such 
' as you ought to have done, you ought not to have 
' taken money for the doing of them ; if they were such 

* as you ought not to have done, much less ought your 
' lordship to have taken money ; and had you not been 
' more than ordinarily concerned in those private con- 
' tributions, without all peradventure would have used 

* all possible endeavours to have detected the thing, and 
' not given those publick marks of your favour to the 
' persons most concerned in the persuading and pro- 

* curing of them. 

' As to what relates to the assembly, as your lord- 
' ship is not accountable to this house for what reasons 
'you dissolved thom, neither is this house to your lord- 
' ship for their proceedings ; they acted as became a 
' house of representatives in the affair of Mr. Gordon, 
' and what they did, was not without your lordship's 
' approbation ; if that could add any thing to the power 
' they had : As to your excellency's reflections on pri- 

* vate men, 'tis below the representative body of a 

* province to take any further notice of them, than to 
' do that justice to the two worthy members of this 
' house, as to say, they both have, and deserve better 
' characters than your excellency gives them ; and that 

* the humblest application you can make to her majesty 

* will never induce her to grant you a power to use any 
' means to procure a satisfaction but what the laws 
'allow of, without such application: We concluded, 
' by acquainting your excellency, that the way to 
' engage the affections of a people, was to let them be 
' unmolested in the quiet enjoyment of those things 
' which belong to them of right, and should have dated 
' our happiness from your excellency's complying with 
'so reasonable and just a desire; to which your excel- 
' lency replied, that you could never answer taking 
' advice from men, who did not know how to govern. 

' themselves 



Of NEW-JERSEY. 333 

* themselves, and who have always opposed the service A. D. 
' of the queen, and interest and good of their country : ^^^^' 
' We shall wave the admirable coolness of temper, and 

* considerateness of the reflection ; and say, your excel- 
' lency could hardly have used plainer terms, to tell us, 
' you will not let us be quiet in the enjoyment of what 
' belongs to us of right ; and your excellency's proceed- 
' ings since that, has effectually convinced the world, 
' that we have not put a wrong construction on your 
' excellency's expressions. 

' Are not her majesty's loyal subjects haul'd to goals, 
' and there lie without being admitted to bail? and those 
' that are the conditions of their recognizances are, that 
' if your excellency approves not of their being bailed, 

* they shall return to their prisons ; several of her maje- 
' sty's good subjects forced to abscond, and leave their 

* habitations, being threatened with imprisonment, and 

* no hopes of receiving the benefit of the law ; when 

* your excellency's absolute will is the sole measure of 

* it : One minister of the church of England, dragg'd 
' by a sheriff from Burlington to Amboy, and there 
' kept in custody, without assigning any reason for it, 

* and at last haul'd by force into a boat by your excel- 
' lency, and transported like a malefactor, into ano- 

* ther government, and there kept in a garrison a pri- 

* soner ; and no reason assigned for these violent proce- 
' dures, but your excellency's pleasure : Another mini- 
' nister of the church of England, laid under a necessity 
' of leaving the province, from the reasonable appre- 
' hensions of meeting with the same treatment ; no 
' orders of men either sacred or civil, secure in their 

* lives, their liberties or estates ; and where these proce- 
' dures will end, God only knows. 

' If these, and what we have named before, be acts 
' of mercy, gentleness and good-nature ; if this be 
' doing for the good, welfare and prosperity of the 
' people of this province ; if this be the administering 

* laws for the protection and preservation of her majesty's 
' subjects ; then have we been the most mistaken men 

* in the world, and have had the falsest notion of things ; 

* calling 



334 The HISTORY 

A. D. ' calling that cruelty, oppression and injustice, which 

1707. < are their direct opposites, and those things slavery, 

' imprisonment and hardships, which are freedom, 

' liberty and ease ; arid must henceforth take France, 

* Denmark, the Muscovian, Ottoman and Eastern 
' empires, to be the best models of a gentle and happy 
' government. 

' Your excellency at last endeavours to persuade 
' the country, that the assembly, instead of protecting 

* are invading the liberties of the people ; and if we 

* might have the liberty of using some of your excel- 
' lency's cool and considerate terms, perhaps the fol- 
' lowing instances might justify those expressions ; but 
' we leave that to just and impartial men, who no doubt 
' will apply them where they are most due. 

' Your excellency asserts in the first place, " You 
" have presumed to take the queen's subjects into the 
*^ custody of the serjeant at arms, who are not members 
" of your house ; which you can't lawfully do, and is 
" a notorious violation of the liberties of the people." 
' Answer : There is nothing more known, than that 
^ the contrary to what your excellency says is true, 

* and hardly a session of parliament but affords multi- 

* tudes of instances, nay, several instances can be pro- 
' duced during the time of your excellency's being in 
' the house of commons ; and what your excellency 

* means by asserting a thing, which every body that 

* knows any thing, knows is not so, we can't tell. 

' Secondly, " You have taken upon you to admini- 
^'ster an oath to one of your members, and have 
" expell'd him from the house for refusing to take an 
" oath which you could not legally administer to him ; 
"this is most certainly robbing that member of his 
"property, and a most notorious assuming to your 
*' selves a negative voice to the freeholders election of 
" their representatives, for which there can be no pre- 
" cedent found." Answer : We never did administer 
*an oath, (tho' we think we have power so to do) 

* what oaths were administered were administered by 

* justices of the peace before us : "We expell'd that 

* member 



Of new-jersey. 336 

* member for several contempts ; for which we are not A. D. 
'accountable to your excellency, nor no body else in ^'^'* 
'this province: We might lawfully expel him ; and 

'if we had so thought fit, might iiave rendered him 
' incapable of ever sitting in this house ; and of this 
' many precedents may be produced. Vie are the 
' freeholders reprasentatives ; and how it's possible 
' we should assume a negative voice at the election of 
' ourselves, is what wants a little explanation to make 
' it intelligible. 

' Thirdly, " You have arbitrarily taken uj>on you 
" to command the high-sheriff of this country, to dis- 
" charge a prisoner who was in his custody at the suit 
" of one of the queen's subjects ; and he has been weak 
" enough to do it, for which he lies liable to be sued for 
" an escape, whenever the gentleman thinks fit to do it, 
" and from which you can't protect him ; this is a 
" notorious violation of the right of the subject, and 
" a manifest interruption of justice." Answer: The 
' person we ordered to be discharged, was an evidence 
'attending by order of the house, and under the pro- 
' tection of this house; who were only wanting to 
'themselves, in not sending the high-sheriff and law- 
'yers to the same place, for daring to otfer so puhlick 
'an affront to the representative body of a country. 

' Fourthly, " You have taken upon you to apjioint 
" one of your members to act as clerk of" the committee 
" of the whole liouse, which you have no [)o\ver to do, 
" &c." Answer : Your excellency has been so very 
'much mistaken in all the foregoing ckuises, that we 
' have great reason to believe you are so in this : This 
' house has always, till of late, made their own clerks, 
'and your excellency cannot shew us any law why we 
' may not do it still, should we think fit to insist on it : 
' We have made no encroachments on her majesty's 
'prerogative royal, nor never intended to do it, but 
'shall to our utmost, study to preserve it, and honour- 

* ably support her government over us, and hope your 

* excellency will think it for the service of the queen 



336 The HISTORY 

A. D. * to comply with our reasonable desires ; whicli will 
1707. < \Qry much encourage us so to do. 

* Divers of the members of this assembly being of the people 
'called Quakers, do assent to the matter and substance, but make 
' some exceptions to the stile. 

By order of the house, 
^- \2llTim^' Sam. Jenings, speaker.' 



CHAP. XVIII. 

Memorial of the West-Jersey proprietors residing in 
England, to the lords commissioners for trade and 
plantations: The lieutenant governor, loith some of 
the council, address the queen: The last meeting of 
assembly, under Cornbury's administration : They con- 
tinue their complaints : Samuel Jenings' s death and 
character. 

THE foregoing proceedings being by connection 
necessary together, has delayed the following 
memorial a little out of course as to strict order of 
time : The western proprietors residing in England, had 
much resented Cornbury's treatment of the inhabitants, 
especially in relation to the three members being kept 
out of the assembly, by which he gained a majority 
devoted to his measures ; and thus they complain. 
' To the right honourable the lords commissioners for 

' trade and plantations. 
' The humble memorial of the proprietors of the 

* Western division of the province of New-Jersey, 

* in America. 

' We humbly acknowledge your lordships great 
^justice, in making the terms of our surrender of go- 
' vernment, part of the lord Cornbury's instructions 

* relating to the said province ; and heartily with his 

* excellency had given us occasion of acknowledging 

* his due observation of the instruction, instead of 

* troubling 



Of NEW-JERSEY. 337 

* troubling your lordships with a complaint of his A. D. 

* breach of them, which we are fully assured from ^^^^' 
' undoubted testimonies his excellency has made in the 

* following instances ; and tho' he endeavours to palliate 
' his proceedings there, by frequently and publickly 
•* asserting, that your lordships consented to no terms 

* upon our surrender ; yet were that as great a truth 

* as it is a mistake, and those instructions had been 

* only of grace and favour, we conceive him to be 
' obliged, and ourselves intituled to his punctual obser- 

* vation of them. 

' It is one of the terms consented to by your lord- 
' ships, and one of his excellency's instructions from 
' your lordships ; that the general assembly shall con- 

* sist of four and twenty representatives ; two to be 

* chosen by the inhabitants, housholders of the city or 

* town of Perth-Amboy ; two by the inhabitants, 
' housholders of the city or town of Burlington ; ten 
' to be chosen by the freeholders of the eastern, and 
' ten by the freeholders of the western division ; in 

* which election, every elector is to have one hundred 

* acres of freehold land in his own right, within the 
' division for which he shall choose ; and every person 

* elected is to have one thousand acres of freehold 

* land in his own right, within the division for wiiich 

* he shall be chosen. 

* This instruction, which we relied on as the chief 

* security of our estates in that province, his excellency 

* has not only violated, but has totally destroyed that 
' part of our constitution ; and in such a manner as 

* will render all assemblies a meer piece of formality, 
' and only the tools of a governor's arbitrary pleasure. 

' For setting which proceeding in a due light, we 
' must crave leave to lay before you lordships the 
' account we have received of it from our agent, and 
' other reputable persons of that province. 

' An assembly having been called and chosen, in 
' the year 1703, pursuant to your lordships instruc- 
' tions, prepared bills for settling the rights of the 

* proprietors and planters, and for raising a revenue 

Y 'of 



338 



The history 



' of thirteen hundred pounds per annum, for three 
'years, (which they knew was the utmost the country 

* could bear) for the support of the government ; but 
' his excellency requiring a greater sum, several persons, 
' our constant enemies and invaders of our proprieties, 
' and who therefore opposed the bill for settling our 
' rights, undertook to procure an assembly more 
' obedient to his excellency's demands ; and by that 
'and other arguments, which out of regard to his 
' honour, we choose to wave the mention of, prevailed 

* upon him to dissolve that assembly, and to call another 
' to sit in November last; the writs were issued, and the 
' election directed to be made, in such haste, that in one 
' of the writs the qualifications of the persons to be 
' elected was omitted, and the sheriff of one county 

* not sworn till three days before the election, and 
' many of the towns had not any (much less due) notice 

* of the day of election ; but passing by these, and 

* many other illegal artifices used by those undertakers, 

* to obtain an assembly to their own humour ; we shall 
' insist only upon one grand instance, which is not to 
' be parrallel'd in any of her majesty's plantations, and 
' could not have been attempted without his excel- 

* lency's encouragement, nor put in practice without 
' his concurrence. 

' When this assembly was met, and attended his 
' excellency in council, in order to be sworn, mr. 

* Revell and mr. Leeds, (two of the governor's 
' council, and of the undertakers to procure such an 

* assembly as they had promised) suspecting the strength 

* of their party, objected against three of the members, 
' returned, as persons not having each, one thousand 
' acres of land, and therefore unqualified to serve in the 
' assembly ; though these persona had such estates in 

* land, and were generally known to have so, and at 

* the time of their election had convinced Revell and 

* Leeds, who opposed them under that pretence, of the 

* truth of it; and this objection was not examinable 

* or determinable by his excellency or hia council, or 

* otherwise than in the house of representatives, who 

'are 



Of new-jersey. 339 

' are the only proper judges of their o^\^l members ; A. D. 

* yet his excellency, upon this bare suggestion of Revell * 
*and Leeds, refused to swear these members, and ex- 

* eluded them from sitting to serve their country ; 
' this attempt was seconded by another trie!? of Revell 
' and Leeds, who immediately sent the following note 
' to the house of representatives. 

* To the honourable the house of representatives. 
' Gentlemen, 
We underwritten, supposing we had good reason 
' to charge three of the persons returned to serve as 
^ representatives in this general assembly ; but upon 

* due consideration find it difficult to come to a true 

* determination thereof, until we can by further enquiry 

* find the truth of what we have been informed of; 
' we therefore humbly desire fourteen days time further^ 
'that we may be able more fully to inform this house 

* therein, which we humbly suppose at present cannot 

* reasonably be expected from us ; we subscribe ourselves 

* your humble supplicants, Thomas Revell. 

'Nov. 15, 1704. Daniel Leeds.' 

' The counties for which they were chosen to serve 
expressed a great dissatisfaction at the exclusion of 
their members ; and these and several other represen- 
tatives deliver'd an address to his excellency, for 
having them admitted to their right ; which met with 
no other reception, than being called a piece of inso- 
lence and ill manners. 

' By this exclusion of three members, and the con- 
tempt of the address for their admission, the under- 
takers gained a majority by one in the house of 
representatives, who adjourned the hearing of this 
case, until they had reaped the fruits of their iniquity, 
and accomplished the ends for which it was contrived ; 
for whilst this case was depending, a bill for taking 
away the qualifications of electors and the elected, 
and placing the right of choosing and being chosen 
in tlie freeholders generally, without any express value 
of their estates, was prepared and pass'd, wherein 

' there 



340 The HISTORY 

•A- !>• ' there is this remarkable and self-condemning declara- 
' tion of his excellency's proceedings, viz. that repre- 
' sentatives met in general assembly are and shall be the 
'judges of the qualifications of their own members. 

' After this and one other act, which we shall here- 
' after take notice of in its proper place, were passed, 
' a day of hearing was allowed to the three excluded 
' members, and notice of it given to Revell and Leeds, 
' who would not vouchsafe to appear, but having already 
^ obtained their ends, graciously signified by a message, 

* their mistake in their objection to those members. 

' The house proceeded in the inquiry, and by deeds 
' and other authentick proofs, was so fully satisfied of 
' the estates of the excluded members, and that Revell 

* and Leeds had been convinced thereof, at the time of 
' their elections, that the house unanimously declared 

* them duly qualified, and sent two of their body to 
' acquaint his excellency of it, and to pray they might 

* be sworn ; but his excellency, whether out of a desire 

* of assuming the glory of his arbitrary proceeding 

* wholly to himself, or of making the country sensible 

* that notwithstanding the act so lately passed, declaring 
' the house judges of their own members ; he was re- 
' solved to exercise that power for the future ; or for 
' what other reason we know not, told those messengers 
' he must be satisfied of their qualifications, as well as 

* the house ; and still keeps them out of the assembly. 

'This we conceive to be the assuming a negative 
' voice to the freeholders election of their representa- 
' tives ; and such an invasion of the rights of the 
' assembly, as will, if tolerated or connived at, place 
' the whole legislature in the governor ; for if he can, 

* at his pleasure, reject three representatives, he may 
' reject all, and make what laws he thinks fit without 
' the formality of an assembly ; but if this notorious 
' violation of our constitution had not been made by 
' him, and the assembly had consisted of it's full pro- 

* portion of duly elected members ; we conceive, and 
< are advised, that his excellency had no authority, 
'nor any probable colour from his instructions for 

' passing 



Of NEW-JERSEY. 341 

''passing this act; for though the instruction relating A. D. 

' to the election of general assembles, allows an alte- ■^''^'* 

^ ration by act of assembly, of the number of the 

' representatives, and the manner of their being elected; 

' it leaves no power to the general assembly to alter the 

' qualifications of the electors or elected ; which was 

' intended to be a standing and unalterable part of the 

^ constitution, as most agreeable to the constitution of 

^ England, where the electors of knights of the coun- 

' ties must have a certain fixed freehold ; and the elec- 

^ ted are generally the principal landed men of their 

' respective counties ; but the alteration now made, 

^ was intended to put the election of representatives 

* into the meanest of the people, who being impatient 
' of any superiors, will never fail to choose such from 
' amongst themselves, as may oppress us, and destroy 

* our rights. 

' It is another term of our surrender, and an instruction 
' to his excellency, that no act should be made to lay a 

* tax upon unprofitable lands ; but his excellency has 
^ encourag'd and assented t5 a bill in this last assembly, for 
^ taxing (without distinction) all lands belonging to the 
^ inhabitants there, and to all others not inhabiting there 
' who have settled any plantations, either by tenants, ser- 

* vants or negroes ; it is objection enough to this act, that 

* there is no other colony in America wherin uncultivated 
' lands are taxed ; and as this act was intended, so none 

* more effectual could have been contrived, to prejudice 
•' the country in general, or the proprietors in particu- 

* lar ; for if any man who has a thousand or more acres 
' of land, which he can neither manure nor sell (as 
' most of the first planters have) he must pay a tax for 

* this land, which may eat up the greatest part of the 

* profit of what he can and does cultivate ; or he must 

* dasert the whole ; and if we, who have great tracts of 

* land of many thousand acres to sell, lett or settle 
^ but a few acres to maintain our agents or servants, 
■* we must pay a tax for all the residue which yields us 
^ nothing : In consequence of this act several persons 
' who had agreed with our agent for lands, have 

' renounced 



342 



The history 



' renounced their bargains, and removed into other 
' countries, where they can purchase great tracts of 
' land, preserve them for their posterity to settle on ;. 

* and we, unless relieved from this oppression, must 

* deliver up our lands or our purses: This tax is im- 

* posed by the act passed in the assembly for raising a 

* revenue of two thousand pounds per annum, for two 
'years, for the support of her majesty's government 

* within that province ; and we have great reason to be- 

* lieve it to be part of the return promised by the under- 

* takers to his excellency, for his dissolving the former 
'assembly, and curtailing the last of three members. 

' It is another term of our surrender, and an instruc- 
*tion to his excellency, that the surveyors and other 
' persons appointed by us, for surveying and recording 

* the surveys of land granted and sold by us, shall be 
'permitted to execute their trusts; but his excellency 
' has taken upon him, even contrary to the advice of 
' his council, to appoint fees for patenting lands ; which. 
' has created an opinion in the people, that the power of 
' granting lands is in him, has lessened the credit of 
' our title to lands, and encouraged the planters to dis- 
' pute our right. 

* His excellency has ordered all publick books, 
' records and papei'S, to be delivered by our late secretary 
' to mr. Bass, our great debtor, and therefore our 

* avowed enemy, and has carried our records of deeds 
'and conveyances out of the province ; by this method 
' the proprietors of both the divisions are deprived of 
'all means to justify their past administration of the 
' evidences of their grants of lands to the purchasers 
' under them, (all the surveys and patents being 
' recorded in those books) and will destroy the office of 
' our register, or at least will disable him to perform 
' his duty in some cases ; which by acts of general assem- 
' bly he is obliged to do. 

* It is a further term of our surrender, and instruc- 
' tions to his excellency, that all officers be appointed! 

* by advice of the council ; but his excellency has con- 

* stituted several officers without such advice, and par- 

' ticularly 



Of NEW-JERSEY. 343 

ticularly a sheriff of Burlington, who was therefore A. D. 
suspended by order of council, and yet continued to ^''^T- 
act under his lordship's appointment. 

' We are further informed, that his excellency hath 
put several mean and contemptible persons into the 
commission of the peace, particularly one ****** 
whom lie knew to be under prosecution for felony ; 
and has given commissions in the militia to others, 
who have no estate in the province, and therefore 
are not like to be zealous in the defence of it. 

' It is matter of some wonder to us, that after so 
many acts of despotic power, his excellency did not 
assume to himself, or obtain from the last assembly, 
an authority of licencing any persons to purchase 
lands from the Indians ; but condescends to apply to 
your lordships, for an alteration of his instructions 
in that particular ; there wants only the breach of this 
instruction to compleat the ruin of our interests in 
New-Jersey, and we humbly hope your lordships will 
not enable him to give that finishing stroke : This 
instruction, founded upon the right which the crown 
of England claims by the law of nations, to all coun- 
tries discovered by English subjects, was intended to 
assert that right against the pretences of many plan- 
ters, who set up the Indians title in competition with 
it ; and if that right be taken from the grantees of the 
crown, all patents and grants of the whole main land 
of North-America, have been only royal frauds, under 
the sanction of the great seal of England, and no 
man will ever after purchase lands under that title. 

' His excellency was lately so fully satisfied of the 
policy and reasonableness of asserting this right to the 
crown and its grantees, that in the year 1703, he 
recommended, and assented to an act of assembly, for 
restraining all persons besides the proprietors, from 
purchasing lands from the Indians, under great penal- 
ties ; and for vacating all such purchases formerly 
made, unless the purchasers took a fresh grant from 
the proprietor ; of which act we humbly pray your 
lordships perusal. 

'We 



844 



The history 



A. D. 

1707. 



' We are purchasers for ready money, under a gi^anfe 
' from king Charles the second, and are willing to sell 

* our lands and the Indians title to it, at reasonable rates^ 
' according to the goodness of the soil and situation, 
' and ought not to be compelled to accept a quit-rent 

* (much less a quit-rent to be let by other persons than 
' ourselves as his excellency proposes) instead of selling 
' for ready money ; nor ought our properties to be at 

* the disposal of a governor : 'Tis not the want of a 
' power in the planters to purchase lands from the Indi- 
' ans, but the taxing of uncultivated lands, and over- 

* turning the constitution for assembly-men, that has 
' occasioned those persons mentioned by his excellency, 
' to remove to Pennsylvania and other colonies. 

' May it please your lordships, 
'The usage we have received from his excellency, is 

* so contrary to the terms of our surrender of govern- 
' ment, to the assurances we had from your lordships, 

* of the due observance of them, and to the plain in- 
'structions given by your lordships to his excellency; 

* that we humbly hope, it will not be thought any 
' immodesty or want of duty in us, to protest, as we do 

* protest against all the proceedings of the last assembly, 
' wherein by the arbitrary exclusion of three members 
'without any just exception, the country was not duly 
' represented, and to beg your lordships intercession 
' with her majesty, that the acts passed in that assembly 
' may not be confirmed by her royal assent. 

' We further pray, that colonel Lewis Morris^ who 
' has been a second time suspended from his place in 
' council, by his excellency, only for using the free- 
' dom which every member of the council is entitled to, 
' and ought to exercise, of opposing any bill brought 
' before them, if he conceives it prejudicial to the in- 
' terest either of the country in general, or of any par- 

* ticular persons, may be restored ; and that your lord- 
' ships will please to place in the room of such as are dead, 
' some of the persons following, viz Mr. Miles Foster, 
' mr. Richard Townley, mr. Hugh Huddy, mr. William 

* Hall and mr. John Harrison, who are men of known 

' integrity 



Op new-jersey. 346 

* integrity and estates ; and as a further security of our A. D. 

* estates there, and that no persons may at any time be -^'"'* 

* admitted of the governors council, or to be in the 
' commission of the peace, or of the militia, but such 

* who have real estates in the province suitable to their 
' stations, and who reside there. 

' Signed by Thomas Lane, Paul Dominique, John 
'Bridges, Rob. Mitchel, Tho. Burrow, Fra. Mitchel, 
' Eben. Jones, Jos. Broosbank, John Norton, Jo. 

* Bennet, E. Richier, Tho. Skinner, Rich. Greena- 
' way, Jos. Collins, Cha. Mitchel, Jos. Micklethwait, 
' Tho. Lewes, Wm. Snelling. 

Two days after Cornbury had refused to receive the 
assembly's reply, he sent for them, and though several 
important bills were unfinish'd, adjourn'd the house 
to the spring next year : Not receiving the reply in 
form, he escaped the necessity of attempting to clear 
up what he could not do with justice or equity : Some 
of the glaring facts still confirm'd the truth of the 
charges against him, he thought he had a more effec- 
tual way of dealing ; that was, to lodge a complaint 
with the queen ; accordingly by an underhand artifice, 
his trusty friend the lieut. governor Ingoldsby, with 
some of the council, signed and privately transmitted 
an address, as follows. 

' To the Queen's most excellent majesty. Address 

* The humble address of the lieutenant governor and q^ ® 

' council of Nova-Ceesaria or New-Jersey, in 

' America. 

' May it please your majesty ; 

' We the lieutenant governor and council of your 
' majesty's province of Nova-Csesaria or New-Jersey, 
' having seriously and deliberately taken into conside- 

* ration the proceedings of the present assembly or 

* representative body of this province, thought our 
' selves bound, both in duty and conscience, to testify 
*to your majesty, our dislike and abhorrence of the 

'same 



lueen 



Me 



The history 



' same ; being very sensible, that the unaccountable 
' humours and pernicious designs of some particular 

* men, have put them upon so many irregularities, with 
'intention only to occasion divisions and distractions, 
' to the disturbance of the great and weighty affairs 

* which both your majesty's honour and dignity as 
' well as the peace and welfare of the country required ; 
' their high encroachments upon your majesty's prero- 

* gative royal ; notorious violations of the rights and 

* liberties of the subjects ; manifest interrujitions of 
'justice, aud most unmannerly treatment of his excel- 
' lency the lord Corn bury, would have induced us 

* sooner to have discharged our duty to your majesty, 

* in giving a full representation of the unhap[iy cir- 
'cumstances of this your majesty's province and 
'government; had we not been in hopes that his 
' excellency the lord Cornbury's full and ample answer 
' to a most scandalous libel, called the remonstrance 
' of the assembly of Nova Csesaria or New-Jersey, 
' which was delivered to the governor by the assembly 
' at Burlington in May last, would have opened the 

* eyes of the assembly, and brought them back to their 
' reason and duty ; but finding that those few turbu- 
'lent and uneasy spirits in the assembly, have still 
' been able to influence and amuse the judgments of 

* many well-meaning men in that body ; as appears 
' by another late scandalous and infamous libel, called, 
*' The reply of the house of representatives of the 
" province of New-Jersey, to an answer made by his 
" excellency Edward viscount Cornbury, governor of 
'^ the said province, to the humble remonstrance of 
" the aforesaid house : " We are now obliged humbly 
' to represent to your majesty, the true cause, which we 

* conceive may lead to the remedy of these confusions. 

' The first is owing to the turbulent, factious, un- 
' easy, and disloyal principles of two men in that 
' assembly, mr. Lewis Morris, and Samuel Jenings, a 
' quaker ; men notoriously known to be uneasy under 
' all government ; men never known to be consistent 

* with themselves ; men to whom all the factions and 

' confusions 



Of new-jersey. 347 

* confusions in the government of New-Jersey and A. D. 
^ Pennsylvania for many years are wholly owing ; ^'^^^• 
' men that have had the confidence to declare in open 

* council, that your majesty's instructions to your 
'governors in these provinces, shall not oblige or bind 
' them, nor will they be concluded by them, furtiier 
' than they are warranted by the law, of which also 
' they will be the judges ; and this is done by them, 
' (as we have all the reason in the world to believe) 
'to encourage not only this government, but also the 
' rest of your governments in America, to throw off 
'your majesty's royal prerogative, and consequently 
' to involve all your dominions in this part of the 
' world, and the honest, good and well-meaning people 
' in them, in confusion, hoping thereby to obtain 
' their wicked purposes. 

' The remedy for all these evils, we most humbly 
' propose, is, that your majesty will most graciously 
' please to discountenance those wicked designing men, 
' and shew some dislike to this assembly's proceedings, 
' who are resolved neither to support this your majesty's 
' government by a revenue, nor take care to defend it 
' by settling a militia: The last libel, called " the reply, 
" (&c." came out so suddenly, that as yet we have not 
'had time to answer it in all its particulars; but do 
' assure your majesty it is for the most part false in fact, 
' and that ])art of it which carries any face of truth, 
' they have been malicious and unjust in not mentioning 
'the whole truth; which would have fully justified my 
'lord Cornbury's just conduct. 

' Thus, having discharged this part of our duty,. 
' which we thouglit at present incumbent upon us, we 
' beg leave to assure your majesty, that whenever we 
' shall see the peo])le of this province labour under any 
' thing like a grievance ; we shall, according to our 
' duty, immediately apply to the governor, with our 
'best advice for the redress of it; and we have no 
' reason yet to doubt of a ready compliance in him ; 
' we shall not be particular, but crave leave to refer 
' to his excellency's representation of them to the right 

' honourable 



348 The HISTORY 

A. D. ' honourable the lords commissioners for trade and 
^"^^^^ ' plantations. 

' The strenous asserting of your majesty's prerogative 
' royal, and vindicating the honour of your governor 

* the lord Cornbury, will in our humble opinion, be 
'so absolutely necessary at this juncture, that without 
' your so doing, your majesty will find yourself deceived 

* either in expectation of a revenue for support of the 

* government, or militia for its defence. 

' In hopes your ma-jesty will take these important 
' things into your consideration, and his excellency the 

* lord Cornbury, with all the members of your maje- 

* sty's council, into your royal favour and protection ; 
' we shall conclude with our most fervent prayers to 

* the most high, to lengthen your days, and encrease 
' your glories ; and that ourselves in particular, and all 
' others in general, who reap the benefit of your maje- 
' sty's most gentle and happy government, may be, 

* and ever continue the most loyal and dutiful of sub- 

* jects to the most glorious and best of queens. 

* Rich. Ingoldsby, William Pinhorne, R. Mompeson, 

* Thomas Revell, Daniel Leeds, Daniel Coxe, Richard 
' Townley, Rob. Quarry, William Sandford. 



1708. 



On the 5th of the month called May, this year, 
the assembly met at Burlington : Jenings their speaker 
T. Gor- being indisposed, Thomas Gordon was chose to suc- 
don, spea- ceed him : They received the speech ; and delivered 
their address the 12th; which containing the old story 
of grievances, so displeased the governor, that he im- 
mediately adjourn'd them to the September following, 
to meet at Andboy, but in the interval dissolved them ; 
Assembly 2t,\\dL being himself soon after superseded, he met them 
no more ; the business of the last session began by his 
telling them in his speech. 

It was the great desire he had to see the service of 
Speech. the queen, and good of the province carried on, sup- 
ported and provided for, that induced him to call them 

* together 



Op NEW-JERSEY. 349 

together ; to prepare and pass such laws as were proper ; A^ D. 
and that he might not be wanting in his duty, he 
should point out what he thought required their imme- 
diate notice ; the first was a bill for support of govern- 
ment ; that the revenue the queen expected was 
£. 1500, per annum, to continue 21 years; next the 
reviving or re-enacting the militia bill, which was likely 
soon to expire ; that he had every session since he had 
been governor, recommended the passing a bill or bills 
for confirming the right and propei'ty of the soil of the 
province to the general proprietors, acx^ording to their 
respective rights and titles ; as also to settle and con- 
firm the particular titles and estates of all the inhabi- 
tants of the province, and others, claiming under the 
proprietors ; that he was still of opinion, such a bill 
would best conduce to the improvement, as well as 
peace and quiet of the province ; that he had last year 
recommended the passing of bills for erecting and re- 
pairing prisons and court houses in the different coun- 
ties, the building of bridges in places where they were 
wanting, by general tax ; and as late experience had 
taught the necessity of settling the qualifications of 
jurymen, he desired they would prepare bills for these 
purposes ; and revive such of the acts of assembly 
passed in the time of the proprietary government as 
would be of use, that they might be presented for the 
queen's approbation. 

The assembly in their address on this occasion, de- Assembly* 
clare, they then were, and always had been ready and 
desirous to support the government to the utmost of 
their poor abilities ; that they were heartily sorry for 
the misunderstanding between the governor and them ; 
that about twelve months ago they had humbly repre- 
sented to him, some of the many grievances their 
country laboured under ; most of which they were 
sorry to say, yet remained, and daily increased ; that 

they 



address. 



350 TheHISTORY 

A_. D. they found the queen's good subjects of the province 
were continually prosecuted by informations, upon fri- 
volous pretences, which rendered that excellent con- 
stitution of grand juries useless ; and if continued, 
would put it in the power of an attorney general, to 
raise his fortune upon the ruin of his country. 

That they found it a great charge to the country, that 
juries and evidences were brought from remote parts 
of the province, to the supreme courts at Burlington 
and Aniboy ; that it was a great grievance that the 
practice of the law was so precarious, that innocent 
persons were prosecuted upon informations, and actions 
brought against several of the queen's subjects, in 
which the gentlemen licensed to practice the law, were 
affraid to ajipear for them ; or if they appeared, did not 
discharge their duty to their clients, for fear of being 
suspended, without being convict of any crime deserving 
it, or reason assigned ; as was done at Burlington, in 
May last, to the damage of many of the queen's good 
subjects. 

That they found the representatives of this her ma- 
jesty's province so slighted, and their commands so 
little regarded, that the clerk of the crown had refused 
to issue a writ for the electing a member wanting in 
their house ; they hoped he would consider, and remove 
these and many other inconveniencies and grievances 
that the province labor'd under ; which would enable 
them to exert the utmost of their abilities, in support- 
ing her majesty's government, and would make them 
happy under the mild and meek administration of a 
great and glorious queen ; that they doubted not, 
were her majesty rightly informed of the poverty and 
circumstances of their country, and that their lively- 
hoods depended upon the seasons of the year ; their 
most gracious sovereign would pity their condition, 
and never expect the settlement of any support of go- 
vernment, further than from one year to another. 

That 



Of new-jersey. 351 



A. D. 

1708. 



That they found the present militia bill so great a 
grievance to their country, they could never think of 
reviving or re-enacting it, as it now was ; though they 
were heartily willing to provide for the defence of 
their country, which they hoped might be done with 
greater ease to the people ; that they had been, and 
still were endeavouring to answer her majesty's com- 
mands, in confirming the right and property of the 
soil of the province to the general proprietors, accord- 
ing to their respective rights and titles ; and likewise 
to confirm and settle the particular titles and estates of 
all the inhabitants, and other purchasers, claiming 
under the proprietors ; but tho' they had several 
times met in general assembly, they had not opportu- 
nity to perfect it ; they acknowledge the favour of 
being put in mind of providing prisons, court-houses, 
and bridges, where such were wanting, which they 
should take into consideration. 

That they had a bill for settling the qualifications 
of juries, prepared last sitting at Amboy, and should 
now present it ; and thanking him for reminding them 
of reviving their former laws ; say, they had before ap- 
pointed a committee for that end ; but were impeded 
by Bass^ the secretary, positively refusing to let them 
have the perusal of them ; and that as they had always 
used their utmost endeavour in the faithful service of 
the queen, and for the benefit of the country ; so they 
should still continue to do it with all the dispatch they 
were capable of. 

Here we part with lord Cornbury's administration, q- Lord 

■p- Cornbury. 

'g. At a council held at Amboy, 28th of March, 1708._ The 

* petition of Edward viscount Cornbury, late governor of this pro- 
' vince ; setting forth, that he had due to him, sundry sums «f 
'money, for which he desired warrants, to enable hira, if the 
' revenue of this province was not able to pay the same, he might 

* demand the same of her majesty, was read, and dismissed. 

'Lord 



352 The HISTORY 

A. D. Here also we part with his opponent S. Jenings ; his 

* , indisposition continued about twelve months, and then 
^eath and finished his life : His many services have occasioned 
character. j^jj^ ^^q j^g often mentioned : His profession of religion 
was that of the people called quakers ; he was early 
an approved minister among them, and so continued 
to his death ; common opinion, apt to limit this sphere 
of action, will however allow general rules to have 
their exceptions, as instances now and then, though 
perhaps but rarely, occur, where variety of talents have 
united in the same individual, and yet not interfered ; 
such, the accounts of those times (stripped of the local 
uncertainties of faction and party) tell us, was the 
circumstance with regard to Jenings ; that his autho- 
rity, founded on experienc'd candour, probity, and 
abilities, enlarged opportunities, rendered him not 

in 

' Lord Cornbury, (says a writer, well inform'd in his character) 
*was no less obnoxious to the people of New-Jersey, than to those 
'of New-York: The assembly of that province, impatient of his 

* tyranny, drew up a complaint against him, which they sent home 
'to the queen. 

'Her majesty graciously listened to the cries ofher injur'd sub- 
'jects, divested him of his power, and appointed lord Lovelace in 
'his stead; declaring, that she would not countenance her nearest 
'relations in oppressing her people. 

' As soon as my lord was superceded, his creditors threw him 
'into the custody of the sheriff' of New- York ; and he remained 
'there till the death of his father, when succeeding to the earldom 

* of Clarendon, he returned to England. 

* We never had a governor so universally detested, dor any who 
'so richly deserved the publick abhorrence; in spite of his noble 

* descent, his behaviour was trifling, mean and extravagant. 

'It was not uncommon for him to dress himself in a woman's 
'habit, and then to patrole the fort in which he resided; such 
freaks of low humour exposed him to the universal contempt of 
'the people; but their indignation was kindled by his despotick 
'rule, savage bigotry, insatiable avarice and injustice, not only to 
'the publick, but even his private creditors; for he left some of 
'the lowest tradesmen in his employment unsatisfied in their just 
'demands.' Hist, of New- York, p. 116. 

He died in 1723. See notes in the Art. Law. Hyde, E. oj 
Rochester, Biogr. Brit. 



Op new-jersey. 363 

in one capacity or to one society only, but generally A. D. 
useful : It is mentioned, that he was of an obliging, 
affectionate disposition, yet of a hasty warm temper; 
that he notwithstanding managed it with circumspec- 
tion and prudence, so that few occasions escaped to 
the disadvantage of his character, or of any cause he 
engaged in ; that he saw the danger to which his 
natural impetuosity exposed him ; knew his preser- 
vation lay in a close attention to his cooler prospects, 
and diligently guarding in that spot, experienced the 
benefit in many trying events; that his integrity and 
fortitude in all stations, were acknowledged; that his 
judgment was the rule of his conduct, and by what 
can now be gathered, this seems to have been but 
seldom injudiciously founded; that alive to the more 
generous emotions of a mind form'd to benevolence 
and acts of humanity, he was a friend to the widow, 
the fatherless and the unhappy ; tender, compassionate, 
disinterested, and with great opportunities left but a 
small estate ; that abhorring oppression in every shape, 
his whole conduct discover'd a will to relieve and 
befriend mankind, far above the littleness of party or 
sinister views ; that his sentiments of right and liberty, 
were formed on the revolution establishment, a plan 
successfully adapted to the improvement of a new 
country, or any country ; that he was notwithstanding 
all this sometimes thought stiff and impracticable, but 
chiefly on account of his political attachments; yet 
that there were instances, where better knowledge of 
his principles, and the -sincerity with which he acted, 
totally effaced those impressions, and left him friends 
where none were expected : Much of his time, we have 
seen, was long devoted to the publick, with a will to 
be useful, occasions were not wanting ; West- Jersey and 

Z Pennsylvania, 



354 The HISTORY 

A. D. Pennsylvania '■• and New- Jersey after the surrender, 
for near twenty eight years successively, were repeated 
witnesses of his conduct in various capacities ; he studied 
peace, and the welfare of mankind ; but in some instances 
met with ungrateful returns; and tho' his endeavours 
did not altogether succeed to his mind, he survived 
personal accusation, in a great measure, with respect 
to himself; and as to the publick, just lived long 
enough to see it emerging from an unpromising state 
of litigation and controversy, to more quiet than had 
been known for many years : His three daughters, 
(who we*e all the children he left) intermarried with 
three brotherSj of the name of Stephenson, whose 
posterity now reside in New-Jersey and Pennsylvania. »• 

In the latter end of this year was a new return of 
members of assembly; their names were. For the 
Eastern division : Thomas Gordon, speaker ; Thomas 
Farmer, Elisha Parker, John Royse, John Harrison, 
Benjamin Lyon, Gershom Mott, Elisha Lawrence, 

John Trent, William Morris, Enoch Machelsen, 

Eldrid<re. For the Western division, Thomas Gar- 
diner, Thomas Raper, Hugh Sharp, Nathaniel Cripps, 
John Kay, John Kaighn, Richard Johnson, Natha- 
niel Breading, Hugh Middleton, John Lewis: This 
assembly met, but upon the new governor's arrival, 
was dissolved. 

r. He lived some years, and bore several important offices in 
Pennsylvania. 

». See p. 124, 295. 




CHAP. 



Of NEW-JERSEY. 355 



CHAP. XIX. 

Lord Lovelace arrives governor : Convenes a new 
assembly ; they apply to him for a hearing on the 
subject of the lieutenant governor and council's 
application to the queen : His death ; is succeeded by 
the lieutenant governor Ingoldsby : The first paper 
currency : Arrival of governor Hunter : A short 
account of the first expedition to Canada : A new 
assembly chosen; their first session in Hunter's time. 

JOHN Lord Lovelace, baron of Hurley, being A. D, 
appointed to succeed lord Cor nbury; he summoned ' * 

the council to meet him at Bergen, December 20, 1708, 
published his commission, and met a new asssembly ^ 
in the spring, at Perth- Amboy, and informed them by 1709. 
speech : 

That he was very sensible of great difficulties Speech, 
attending the honorable employment in which her 
majesty had placed him, and he hoped they would 
never fail to assist him to serve the queen and her 
people ; that her majesty had shewn, in the whole 
course of her reign (a reign glorious beyond example) 
how much she aim'd at the good and prosperity of 
her people ; having with indefatigable pains united 
her two kingdoms of England and Scotland, and 
continued the same application to unite the minds of 
all her subjects ; that this was her great care, and 
ought to be the care of those whom she deputed to 

govern 

/. For the Eastern division: Elisha Lawrence, Capt. Price, G, 
Mott, — - Shepard, J. Johnston, T. Gordon, J. Harrison, The. 
Filzrandolph, Geo. Duncan, John Trent, Law. Vanbuskirli. 

Western division: John Kay, speaker, P. Fretwell, J. Kaighu, 
H. Sharp, T. Lambert, John Lewis, Samuel Smith, — - Dennis, 
Jacob Spicer, Robert Wheeler, William Bustill. 



356 The HISTORY 

\' ^' govern the distant provinces, not happy enough by 
situation to be under her more immediate govern- 
ment ; that as he could not set before him a better 
pattern, he should endeavour to recommend himself 
to them, by following as far as he was able, her ex- 
ample; that he should not give them any just cause of 
uneasiness, under his administration, and hoped they 
would bear with one another ; that past differences and 
animosities ought to be buried in oblivion, and the 
peace and wellfare of the country alone, pursued by 
€ach individual ; that her majesty would not be burthen- 
some to her people ; but there being an absolute neces- 
sity that the government be supported, he was directed 
to recommend that matter to their consideration ; that 
they knew best what the province could conveniently 
raise for it's support, and the easiest methods of raising 
it ; that the making a law for putting the militia on a 
better footing than it at present stood, with as much 
ease to the people as possible, required their considera- 
tion ; that he should always be ready to give his assent 
to whatever laws they found necessary, for promoting 
religion and virtue ; for the encouragement of trade 
and industry, and discouragement of vice and pro- 
2)haneness, and for any other matter or thing relating 
to the good of the province. 
Assemblys The assembly, in their turn, told the governor by 
address ; that they esteemed it their great happiness, 
that her majesty had placed a person of so much temper 
and moderation over them, and made no question he 
would surmount every difficulty with honour and 
safety. 

That her majesty's reign would make a bright leaf 
in history ; that it was the advantage of the present, 
and would be the admiration of future ages, not more 
for her success abroad, than prudence at home ; that 

'tho' 



Of new-jersey. 357 



tho' their distance had and might sometimes be disad- 
vantageous to them, yet they experienced the effect of 
her princely care, in putting an end to the worst admi- 
nistration New-Jersey ever knew, by sending him, 
whose government would always be easy to her ma- 
jesty's subjects here, and satisfactory to himself, whilst 
he followed so great and good an example. 

That they had no animosities with one another, but 
firmly agreed to do themselves and their country justice ; 
that they were persuaded none that deserved publick 
oensure, would have a share in his esteem ; and doubted 
not of meeting with his hearty concurrence in every 
measure, that conduced to peace and good order. 

That they should support the government to the 
utmost of their abilities, and most willingly so at a 
time when they were freed from bondage and arbitrary 
encroachments, and were convinced that vice and 
immorality would no more receive the publick counte- 
nance and approbation. 

They assured him, all his reasonable desires would be 
commands to them ; and promised it should be their 
study to make his administration as easy and happy 
as they could. 

The session lasted a month, in which business went 
on with unusual smoothness; the assembly obtained 
from the governor, a copy of the address (before in- 
serted) from the lieutenant governor and council, to 
the queen, in 1707 ; they thanked him for the favour, 
and requested he would desire the lieutenant governor, 
and all that signed the addrees, to attend him at such time 
as he thought fit to appoint, to prove their allegations ; 
and that the house might have leave to be present, and 
have opportunity of making their defence, in order to 
clear themselves from such imputations. 

The governor shewed a ready inclination to grant 
this request, and appointed a day for a hearing ; but by 

the 



A. D. 
1709. 



358 The HISTORY 



A. D. 
1709. 



the artifices of those concerned, it was evaded from 
time to time : Whether they at last gain'd their point, 
does not appear. 

Most of the inhabitants of New-Jersey, now pleased 
themselves with the prospect of happy times : With a 
change of governors followed a change of measures 
and favourites; impartiality and candour succeeded 
trick and design ; the tools of the former administra- 
tion having nothing but the protection of that to sup- 
port them, sunk into neglect. 

It was Cornbury's weakness to encourage men that 
would flatter his vanity, and trim to his humours and 
measures ; these were sure of his favours ; but the case 
was otherwise now : Such of the former favourites as- 
yet continued in the council, were not without their 
share of disesteem ; even the confidence which had 
been usually put in that board, on passing the support 
bill, was discontinued : The assembly declaring to 
Lovelace, that tho' they had an entire confidence in 
his justice and prudence, respecting the disposition of 
the money for support of government, they had not that 
confidence in the gentlemen that were now of her majesty's 
council; and that this was the reason they had altered 
the former method ; and therefore requested he would 
favourably represent it to the queen in their behalf."- 

The 

«. The law regulating the qualification of representatives to serve 
in general assembly^ now passed, is vet in force ; the substance of this 
and the additional one passed at a different session, but in the same 
year, is, that every voter shall have 100 acres of land in his own right, 
or be worth £.50 current money; that the persons elected, shall 
have 1000 acres in his own right, or be worth £,. 500 current 
money, in personal estate ; that the representatives and electors sliall- 
be freeholders, and have estates sufficient to qualify him or them in 
thedivisjon whereeleclingorchosen ; that the house of representatives 
shall be judges of the qualification of their members; that the same 
forfeitures shall attend undue returns as in England ; and that no per- 
son shall be chosen a representative, who with liis family, does not 
reside in the province. See also the laws of 1725 and 1730. VoL 
1, p. 142, 195. 



Of NEW-JEESEY. 359 

The difference of these administrations will appear A. I). 
, ^ . ^^ 1709. 

on a short comparison. 

The first on the subject of a support, makes use of 

the following expressions : ' That I may not be want- 

* ing in my duty in the station the queen has been 

* pleased to honour me with ; I shall put you in mind 

* of those things, which I think ought to be imme- 
' diately provided for ; the first of which is providing 
' a revenue for the support of government ; the reve- 
' nue which the queen expects is fifteen hundred 

* pounds a year, for one and twenty years.' 

Lord Lovelace, ten months afterwards, upon the 
game occasion, speaks as follows : * Her majesty would 

* not be burthensome to her people, but there being an 

* absolute necessity that the government be supported ; 

* I am desired to recommend that matter to your con- 
^ sideration ; you know best what the province can con- 
' veniently raise for its support, and the easiest method 
' of raising it.' 

Hence may be seen, that the inhabitants had some 
reason to promise themselves more happy times than 
heretofore ; but to their great disappointment, lord 
Lovelace died within a few days afterwards, and the Lord 
administration devolved on the lieutenant governor dies. 
Ingoldsby, who laid before the assembly the design of 
the crown, respecting an expedition against Canada, 
under the colonels Nicholson and Vetch ; they imme- 
diately voted £. 3000, for the service, by an emission 
of paper bills of credit, but did not now pass the bill. 

The lieutenant governor adjourned them for a few 
weeks, and then told tJiem, he had given them ano- 
ther opportunity of doino; their duty to her majesty, Lieutenant 

n 1 , . .1 , . 1 T governor's 

and what their country required at their hands. Bpeech. 

That he found in their votes at last sitting, a resolve 

for raising £. 3000, for her majesty's service ; that this 

was now become a debt, and they had only to consider 

of 



360 The HISTORY 

A- D. of ways and means of raising it ; and that a proper 
application was made for the paying of their quota of 
men appointed for reducing Canada. 

The assembly prepared three bills, one for raising 
First pa- £. 3,000,^- another for enforcing its currency, and a 
ney°^°" third for the encouragement of volunteers, going on 

the Canada expedition ; these bills having received the 
governor's assent, the house was adjourn'd to the first 
of November, to meet at Burlington ; in November 
they met accordingly, but deferred business till De- 
cember, when they sat ten weeks, passed 18 bills, 
were then adjourn'd, and afterwards prorogued from 
time to time, till dissolved by governor Hunter, itt 

nio.y- 

It 

X. Here began the paper currency in New-Jersey : The care of 
the legislature respecting it, in this and all the succeeding emissions 
being to render the funds for sinking, according to the acts thai 
created it, secure, and to prevent the currency failing in value; by 
changing the bills as they became ragged and torn, and allowing no 
re-emissions on any other account whatsoever; it has thence from 
the beginning, preserved its credit, and proved of great service to 
the proprietors, in the sale of their lands, and to the settlers, in ena- 
bling them to purchase and contract, and pay English debts, and go 
on with their improvements; the securities when issued on loan, 
were double the value in lands, or treble in houses, and five per cent, 
interest; but now (1765) there is none current on this footing: 
The funds for sinking by tax the money created for the expedition- 
and other purposes, are mortgages (secured in the acts that make 
the respective emissions) on the estates real and personal, in the pro- 
vince; hence they are secured as firmly as the province itself; they 
are a legal tender to all the inhabitants in the province, and else- 
where, but not to others, except while in the province: The re- 
mittances of this province to England, being chiefly from New- 
York and Philadelphia, and the bills no legal tender there, they can 
never operate to the prejudice of English debts ; let exchange be as it 
may, because none there are obliged to take them ; this is a par- 
ticularity only belonging to the state gf trade, of New-Jersey, and 
renders a paper currency there, free from the objections usually 
made against it in England, 

y. For a few months before governor Hunter's arrival, William 
Pinhorne, as president of the council, exercised the office of com- 
mander in chief. 



O F N E AY - J E R S E Y . 361 

It was in the latter end of the year 1708, that eol. A. D. 

... 1710 

Vetch first applied to the court of Great-Britain, fur 

sea and land forces, to reduce Canada; he, with col. Colonels 
Nicholson, obtain'd a small force from England, and Nicholson, 
instructions to tlie several governors on the continent 
to give them what assistance they could : 2- They had 
a promise of a fleet of ships of war to follow them in 
due time ; they came over in the beginning of sum- 
mer 

z. The instructions to the governor of New- York and New- 
Jersey, were as follows: 

'Anne R. 
'Eight trusty and well beloved, we greet you well: Whereas we 
'are fitting out an expedition with great expence, for the security of 
' our subjects in your government, from the neighbourhood of the 
' French at Canada, which has been very troublesome to them of late 
'years: According to certain proposals laid before us by our trusty 
'and well beloved colonel Vetch, and pursuant to the many appli- 
' cations that have been made to us by our subjects, who have suf- 
' fered very much from the French in that neighbourliood ; we do 
* hereby strictly require and command you, to be assisting to this expe- 
'dition, after the manner that the said colonel Vetch shall in our 
'name propose to you, and that you look upon those parts of his 
'instructions which relate to you, and our governments under 
'your care, and which we have ordered him to communicate to you, 
' in the same manner as if they were our positive commands directed 
'to yourself, and that you pay the same obedience to them: 
' And whereas there may be some particulars in our above mentioned 
'instructions, as that which concerns the place of rendezvous, in 
'which you who live in the country, may be the most proper 
'judge ; we do therefore leave this and the other the like circum- 
' stances, to be altered at discretion; provided, that colonel Vetch 
'and colonel Nicholson, do agree with you in any such alteration; 
'and provided you do punctually observe the number of men which 
'you are to furnish, and the time when they are to appear and be 
'on a readiness to enter upon their expedition : And so we bid you 
'farewell. Given at our court at St. James's, the 28th of February^ 
'and in the seventh year of our reign. 

By her majesty's command, 

Sunderland. 

'To our trusty and well beloved John Lord Lovelace, our 
'captain general and governor in chief of our province 
'of New- York and New-Jersey, in America, or in his 
'absence to the commander in chief of the said provinces 
' for the time being.' 



362 The HISTORY 

4.. D. mer 1709,«' and brought with them the followinff 
1710. ... 

instructions, directed to col. Vetch. 

' Anne R. 

' Instructions for our trusty and well-beloved Col. 

* Vetch, to be observed in his negotiations with 

' the governors of several of our colonies in 

' America : Given at our court at St. James's, 

'the 28th day of February, 1708-9, and in the 

' seventh year of our reign. 

' Whereas you have laid before us the proposal of 

' an enterprize on Canada and Newfoundland, which 

' may turn very much to the security and advantage of 

' our subjects in those parts of America, as well as 

' to the prosperity of our l^ingdoms in general ; we 

* having taken the same into consideration, do entirely 
' approve of tiie said proposal ; and in order to execute 
' it effectually, have thought fit to give you these our 

* following instructions. 

* You shall immediately repair on board the ship 
' appointed by our high admiral for the transporting 

* of you, with officers as shall be sent under your com- 
' mand, to several of our colonies in North-America ; 

* upon your arrival at New- York, you are to deliver 

* to our governor of that place a letter from us, and 
' communicate to him these our instructions, acquaint- 

* ing him, that we sliall expect from him a punctual 

'and 

a. The colonels Nicholson and Vetch both appearing at a coun- 
cil held at Ainboy, the SQlh May, 1709, it was concluded, that 
George Riscarricks should be forthwith sent to Weequehala, the 
Indian sachem, to acquaint him, that the lieut. governor Ingoldsby 
expected his attendance on that board forthwith ; and that captain 
Aarent Schuyler should forthwith send for Mahcoiuinst, Cohcowic- 
kick, Ohlossolonoppe, Meskakow and Teetee, sachems of the 
Minisinks and Shawhona Indians; who appearing soon afterwards, 
joined in the undertaking; and Ingoldsby, governor of New-Jersey, 
(jr. Saltonstall, governor of Connecticut, and C. Gookin, governor 
of Pennsylvania, jointly comraissionated colonel Peter Schuyler, the 
23(i of May, 1709, to be over these and the other Indians on this 
expedition ; and soon afterwards the said three governors joined in 
a, petition to Nicholson, that he would take upon him the chief 
command of the expedition; after which he bore the name of 
general Nicholson. 



Of NEW- JERSEY. 363 

* and ready compliance in all such as relate to him ; A. D. 
^ you shall represent to him, that out of a great desire * 

* to answer the frequent applications which have been 
'made to us, by our good subjects the inhabitants of 
' those parts, to deliver them irom the neighbourhood 

* of the French of Canada, which of late years hath 
' been so troublesom to them ; we have fitted out an 

* expedition, the particulars of which you shall lay 

* before him, and withal let him know, that we strictly 
' require and enjoin him, to give such an assistance to 

* the said expedition, as is hereafter specified. 

* You shall signify to him our pleasure, that the 

* governor- of New- York do furnish a quota of eight 
'hundred men, including the four standing companies; 
'and that the city regiments of York and Albany do 
' duty in the forts, during the absence of the said 

* standing companies. You shall at the same time 

* acquaint him, that New-Jersey is to furnish two 

* hundred men ; Connecticut three hundred and fifty, 

* and Pennsylvania one hundred and fifty ; so tliat the 
' whole force will consist of fifteen hundred eifectives ; 
^ which are to be disposed into four battalions ; each 
' battalion to have one of the four regular companies 
' mixed and incorporated in it, and to be commanded 
' by the captains as colonel whose company is so in- 

* corporated in it, and under him by the respective 
' officers of tlie country troops ; the officers tiiat go 
' with you, and are designed for New York, to be 
' distributed among the companies, as the governor in 

* concert with the commander in chief, shall think best 

* for the service. 

' You shall likewise acquaint our aforesaid gover- 

* nor, in our name, that we do command and expect 

* from him, that the quotas of his government, be 
' ready at Albany, with all things necessary for the 
' expedition, by the middle of May next ensuing, at 

* the furthest ; and that he furnish all the troops with 
' what arms and ammunition they want, out of the 

* magazine at New York ; and that he do forthwith 

* get together and keep in readiness, three months pro- 

' vision 



364 



The history 



A. D. 

1710. 



vision for his quota of those, to be transports! and 
lodged in some convenient place at the wood creek, 
or elsewhere ; for the security of which, he shall, in 
conjunction with the governments of Connecticut 
and Pennsylvania, cause to .be built a large wooden 
store house ; as also six or more large boats, that will 
carry sixty men each, for the transportation of theii 
heavier stores by water ; and also contract with the 
five nations, to make with all speed, as many canoes 
as Avill be wanted for the said expedition. 

' You shall moreover enjoin the aforesaid governors 
in our name, to command and engage the aforesaid 
five nations, as also the river Indians, to join with 
all their fighting men in the said expedition, and 
promise them a good present if they do; you shall 
likewise acquaint them, that it is our pleasure that he 
give all fitting encouragement to any gentlemen, or 
others, that shall offer themselves to go as volunteers 
in this our service. 

' You shall deliver a letter from us to the governor of 
Connecticut, and another to the governor of Pennsyl- 
vania, for the time being, and signify to them our 
royal will and pleasure, that they have their quotas 
of men and provisions ready by the middle of May 
at furthest ; acquainting them withal, that the gover- 
nor of New- York is ordered to assist them with what 
arms and ammunition they shall want. 

* After having finished your negotiations for the 
foregoing expedition, with all possible secrecy and 
dispatch, you shall deliver a letter from us to our 
governor of New-England, and another to the gover- 
nor of Rhode-Island, for the time being, strictly en- 
joining and commanding them in our name, to raise 
at least twelve hundred of their best men, according 
to their usual proportions ; and to give all fitting en- 
couragement to any such as shall offer themselves to 
go volunteers in the expedition, whether gentlemen 
or others; as also to have in readiness a sufficient 
number of transports, with three months provisions, 

'and 



Of NEW-JERSEY. 365 

* and able pilots, whereof capt. Southwech^- is to be A. D. 
' one, and to go in his own galley ; and that all may 

' be ready to embark by the middle of May, upon 

* the arrival of the fleet from England ; and for their 
' greater encouragement, you shall acquaint them, that 
' we have ordered arms and ammunition to be sent 
' with you, for the number of trooj:»s they are to 
' furnish ; which arms and ammunition you shall 
' accordingly deliver to the several companies, in pre- 
' sence of the governor or commissary of the country, 
' taking a receipt for the same, which you shall trans- 
' mit to our board of ordnance in this kinwlom. 

' You shall with the concurrence and advice of our 
' governor of New-England, contract with ship car- 
' penters, for the building of ten or more large flat 
' bottom'd boats, that will carry sixty men each, for 
' the landing of troops ; and also contract with proper 

* persons for the furnishing of eight months provision 

* to the troops that shall be left at Quebec or ^Montreal, 
' if it shall please God to make our forces masters of 

* those places, and to give us the success that Ave hope 

* for from this our expedition. 

' And to the end, that nothing may be wanting on 

* our parts, towards engaging the several governments 
' to act with the utmost spirit and vigour in this expe- 
' dition, you shall assure them in our name, that such 
' of the governments as contribute towards the reduc- 
' tion of Canada, shall have a preference both with 
' regard to the soil and trade of the country, when 
' reduced, to any other of our subjects ; and when they 
' shall have concerted among themselves any reasonable 
' proposals, for securing to their respective colonies the 
' benefit of the said soil and trade, we shall not be 
' wanting to give our royal sanction to the same. 

' You shall communicate these our instructions to 
' colonel Francis Nicholson, who hath offered himself 
' to go as a voluntier in this expedition ; and further, 
' out of regard to his known abilities and zeal for our 

' service 

b. He was master of the province galley, belonging to the 
Massachusetts government. 



366 



The history 



A. D. 

1710. 



' service, we do require, that you should admit him 
' into your private consultations with our several gover- 
' nors, on the methods for putting this your proposal 

* into execution ; and if by reason of the distance of 
' time and place, any other preparations may be neces- 
' sary for the carrying on tiiis expedition, which we 
' could not here foresee, and which is not contained 
' in these your instructions, you shall, with the concur- 

* rence of the governor, who is to assist in any such 
' service, and of colonel Nicholson, make any such 
' peparations, tho' it is not in your instructions ; pro- 

* vided, that it appear to you absolutely necessary for 

* the carrying on of the expedition aforesaid, and that 

* the governor and colonel Nicholson do entirely concur 
' in judging it to be so. A. R. 

' Sunderland.' 

Being arrived, they did their best at raising forces 
on the continent; but a difference arising among the 
ministry at home, the ships of war expected from 
thence, came not : They waited without doing any 
thing till the winter, and then Nicholson went back 
to England, to solicit further assistance, and forward 
what had been proposed ; to do this with more proba- 
bility of success, four Indian sachems of the Five 
now Six Nations, were prevailed upon to take a voyage 
to England, to assist what they could in persuading 
this Expedition : c. With these went over col. Schuyler, 

They 

c. Indians in England were then a strange sight; these sachems 
were also considered in proportion to the faithfulness and importance 
of the nations they belonged to, and accordingly much taken notice 
of: The court was in mourning for the death of George prince 
of Denmark, the sachems at the queen's expence had under-cloaths 
of bhick, covered with a scarlet mantle, edged with gold ; they 
were carried to court in coaches, and introduced in form to the 
queen ; one of them made a speech, setting forth, that they 
doubted not the queen was acquainted with their long and tedious 
war against the French, in conjunction with her children, (subjects) 
that they had been a strong wail for the security of these, even to the 
loss of their best men, as Quider and Anadagarjaux (Schuyler and 

Nicholson) 



Of new-jersey. 367 

They sail'd early in the year ; had several conferences A. D. 
' . . 1710 

with the lords of trade ; and with Nicholson and the 

forces he bronght, returned in the summer, and arrived 
at Boston. 

According to the instructions to the governments on 
the continent, for getting their assistance in readiness, 
a considerable armament was raised, and set out from 
Boston September 18. The fleet consisted of the 
Dragon, Falmouth, Leostaff, Feversham, men of 
war, the Star bomb, and the Massachusetts province 
galley, with transports, in all thirty-six sail ; the forces 
on board were, one regiment of marines from England, 
two regiments of Massachusetts Bay, one regiment of 
Connecticut, and one of New-Hampshire and Rhode- 
Island, commissioned by the queen, armed and victual- 
ed in part by her gift, and part by the several colonies, 
towards which New-Jersey was £. 3,000 ; they arrived 
at Port-Royal, now called Annapolis-Royal, in six days 
sail from Boston ; after some small canonading and 
bombarding, the French governor Subercasse, capitu- 
lated ; October 5, the fort was given up, and col. Vetch, 
according to the instructions for that purpose, became 

governor ; 

Nicholson) could testify; that they were glad an Expedition to 
Canada had been undertaken, and had assisted in the preparations 
on the lake, whilst Anidiasia (Vetch) at the same time was raising an 
army at Boston ; that as some important affair had prevented the 
expected fleet, and rendered tlie design for that season abortive ; they 
were left much exposed; and if the Queen was not still mindful of 
them, they with their families must forsake the country, and seek 
other habitations, or stand neuter; either of which would be much 
against their inclinations ; they concluded with presenting some belts 
of wampum. 

After this they were magnificently entertained by several of the 
nobility, and were once present at the review of the guards in Hyde- 
Park, with the duke or Ormond at their head ; to him they made a 
speech, and presented him with three skins, to enforce a request, that 
he would forward their business with the queen. On their return, at 
Southampton, Admiral Aylmer, who commanded a fleet there, 
sent his yatch to bring them on board ; they dined with him, and 
then sailed for America. 



368 The HISTORY 

A. D. governor ; the terms of the capitulation were, that 
all the French, being four hundred and eighty one 
persons, within three miles of the fort, should be 
under the protection of Great-Britain, upon taking 
the oaths of allegiance ; the other French settlers were 
left at discretion ; that in case the French made incur- 
sions upon the frontiers of New-England, the British 
should make reprisals upon the French in Nova-Scotia, 
by making some of the chief of their inhabitants slaves 
to their Indians ; notwithstanding this, the French of 
L'Accadia, soon after committed hostilities; tho' the 
Port-Royal and Cape-Sable Indians desired terms of 
amity and alliance might be settled with them ; which 
was accordingly done. The men of war and transports 
sailed again for Boston, October the 14th, leaving a 
garrison in Port-Royal of two hundred marines and 
two hundred and fifty of the new raised voluntiers from 
the continent ; which were the next year relieved by 
four hundred of the troops destin'd for Canada. 

Nova-Scotia had continued with the French from 
the year 1662 (except the momentary reduction and 
possession of it by sir William Phips, in 1690.<^ ) until 
now; this acquisition afterwards confirmed to Great- 
Britain by the treaty of Utretcht, hath so remained 
ever since. 

The design respecting Canada, was for this year laid 

aside ; the earl of Dartmouth, secretary of state, wrote 

to governor Hunter upon the subject, and to encourage 

an attempt upon Port- Royal, as follows : 

^ , , 'Sir, Whitehall, August 1710. 

Earl of ' . , 

Dart- ' The queen commands me to acquaint you, that 

' as she has formerly taken into consideration the send- 

' ing over into New-England, such a number of land 

' forces 

d. Vid. lleut. governor Hutchinson's hist, of the Massachusetts- 
Bay, p. 397, &c. 



mouth's 
letter 



Of new-jersey. 369 

' forces, that ioined with those under your command, A. D. 
... 1710 

' and such as the neighbouring colonies could have 

' furnished, might have been of strength sufficient to 

' beat the French out of Canada and JSTorth- America ; 

' so her majesty had caused this year all necessary pre- 

* parations to be made, for this expedition ; which her 

* majesty has been forced to lay aside for the present, by 

* reason of the contrary winds which happened, when 
' the season was proper for the fleet to sail, and in regard 
' of other important services which inter ven'd ; the 
' queen commanded me to add, that she liopes to receive 
' a good account of the expedition against Port-Royal ; 

* having sent away last spring Col. Francis Nicholson, 
' with such commissions, instructions and dispatches, 
' as were necessary for that purpose ; and that she is 

* very well pleased with the accounts she has received of 
' the zeal with which her subjects under your govern- 
' ment embraced this undertaking, and the forwardness 

* they expressed to promote it ; her majesty therefore for 

* this season, out of her tender care for their good and 
' prosperity, intends to pursue this design as soon as the 
' state of her affairs will permit it, being very sensible 

* of the great advantages which may be thence ex- 
' pected. And as her majesty will not be wanting of 

* her endeavours to promote whatever may conduce to 
^ the welfare and security of the colony under your 

* government ; so her majesty doubts not, but that 
' proper measures will be effectually taken there for the 
' common safety and interest, which her majesty ear- 
' nestly recommends to your care. 

' This is what I have in command from the queen, 

* who would have you to communicate this letter in the 
' usual manner, to her loving subjects. 

* I am, sir, your most humble servant, 

Dartmouth.' 
2 A Bri. idier 



370 



The history 



A. D. 

1710. 

Governor 
Hunter 
arrives. 



Speech. 



Brigadier Hunter arrived governor in the summer 
this year,c. called a new assembly^- to meet the 6th of 
December ; they chose John Kay, of Gloucester, spea- 
ker, received the governor's speech ; we give it in his 
own words. 

' Gentlemen, 

' I am little used to make speeches, so you shall 
' not be troubled with a long one ; if honesty is the 

* best policy, plainness must be the best oratory ; so to 
' deal plainly with you, so long as these unchristian 

* divisions which her majesty has thought to deserve 
' her repeated notice, reign amongst you, I shall have 

* small hopes of a hapjiy issue to your meeting. 

* This is an evil which every body complains of, but 

* few take the right method to remedy it ; let every 
' man begin at home, and weed the rancour out of his 
' own mind, and the work is done at once. 

' Leave disputes of property to the laws, and injuries 
' to the avenger of them ; and like good subjects, and 
' good christians, join hearts and hands for the com- 
' mon good. 

' I hope you all agree in the necessity of supporting 
' the government, and will not differ about the means ; 

* that it may the better deserve your support, I shall 

* endeavour to square it by the best rule that I know, 

Hhat 



c. The members or council in his instructions were, Lewis 
Morris, William Pinhorne, George Deacon, Kichard Townlej, 
Daniel Coxe, Knger Mompesson, Peter Sonmans, Hugh Huddy, 
William Hall, Thomas Gordon, Thomas Gardiner, Col. Robert 
Quarry. 

d. The Members were, 

Foi- the town nf Burlington, Isaac Decow, Robert Wheeler. The 
county of Burlington, Thomas Lambert, Joshua Humphreys. Glou- 
ceMer, John K:iy, John Kaighn. The town of Salem, Hugh 
Middleton, John Mason. The county of Salem, Bartholomew Wyat, 
Isaac Sharp. Cape May, Peter FretWHll, Jacob Spicer. The town 
of Perth- Amboy, John Johnston, John Reid. The county of Mid- 
dlesex, Thomas Farmer, Adam Hude. Essex, Joseph Marsh, John 
Trent. Bergen, Andreas Vai^buskirk, William Sanford. Mon> 
mouth, Gershom Moit, William Lawrence. Somerset, Cornelius 
Longfield, John Tunison. 



Of new-jersey. 371 

* that is the power from whence 'tis derived ; which A. D. 

* all the world must own to be justice and goodness ^^^^• 
' itself. 

' There are several matters recommended to you 

* by her majesty, to be passed into laws, which I shall 
' lay before you at proper seasons ; and shall heartily 

* concur with you in enacting whatsoever may be re- 
' quisite for the publick peace and welfare, the curb- 
' ing of vice, and encouraging of virtue. 

' If what I have said, or what I can do, may have 
' the blessed effect I wish for, I shall bless the hour 

* that brought me hither ; If I am disappointed, I shall 
' pray for that which is to call be back, for all power 
' except that of doing good is but a burthen. 

The assembly's address. 
' May it please your excellency, 

' We sincerely congratulate your accession to the Address, 
government of this province, and hope the long 
wished for time is come, in which the unchristian 
causes of our divisions will be taken away, which we 
persuade ourselves you will be as willing, as we con- 
ceive you are able to do, by divesting a few design- 
ing men of that authority, which they use to the 
worst purposes. 

' We have experienced repeated instances of her 
majesty's care over us; among which one was, the 
sending the good lord Lovelace, who put an end to 
an administration the then assembly of this pro- 
vince, with great justice, stile the worst New- Jersey 
had ever known ; that good man lived long enough 
to know how much the province had been op- 
pressed, tho' not to remove the causes : Another in- 
stance of her majesty's royal favour, we esteem, is 
the sending your excellency to govern us, and we 
persuade ourselves your conduct will evince it so to be. 

' We hope great things from you, and none but 
what are just ; let not ill men be put or continued in 
power to oppress; let her majesty's subjects enjoy 
their liberties and properties, according to the laws, 
and let not those laws be warpt to gratify the avarice or 

resentment 



372 



The history 



A. D. 

1710. 



Confusion 
in exacting 
the oath. 



' resentment of any, and then we may safely leave 
' disputes of property to them ; this we are humbly of 
' opinion, is the greatest honesty, and we make no 

* question you esteem it to be the best policy. 

' We always thought it equally reasonable to support 
'a government, and to deny that support to tyranny 
*and oppression; we should be glad our abilities would 

* come up to what we esteem your merits ; what we 
' are able to do, shall be sincerely done, and in as agree- 
*able a manner as we are capable; all your desires, 
' which we doubt not will be reasonable, shall be com- 

* mands to us, who will be always ready to join in any 
'thing that may conduce to the publick benefit, and 
' your own ; and hope you may never want will and 

* power to punish wickedness and vice, and encourage 

* true religion and virtue ; which if you do, we shall 

* esteem you our deliverer, and posterity shall mention 

* your name with honour, 

' Divers members of this assembly, being of the people called 

* quakers, concur to the substance of this address, with their usual 

* exception to the stile. 

This session continued better than two months ; the 
governor And assembly agreed cordially, but a majority 
of the council differed from both, notwithanding an 
accession of divers new members. 

Ever since the surrender, the province had been 
involved in great confusion, on account of the people 
called quakers being denied to serve on juries, under 
pretence that an oath was absolutely necessary ; the in- 
habitants in many parts, were chiefly such, and juries 
could not be got without them ; the assembly seeing 
the confusion that had and would unavoidably follow 
such refusal, passed a bill for ascertaining the qualifica- 
tion of jurors, and enabling the people called quakers 
to serve on them, &c. and another respecting the 
affirmation : The reports of the committee, will, a- 
mong other things, shew the conduct of the council 
on this occasion 

*The 



Of NEW-JERSEY. 373 

'The house, accord ins; to order, resolved itself into A. D. 
a committee of the whole house, to consider farther of 
the papers laid before this house by his excellency ; Commit- 
and after some time spent therein, mr. s])eaker re- ^^^ repor 
sumed the chair, and doctor Johnston reported from 
the said committee, that the 43d article of her maje- 
sty's instructions being read, requiring an act to be 
passed, for settling the properties and possessions of all 
persons concerned in this province ; they do think it 
to be a matter of the greatest concern, for the quiet- 
ing the. minds of the people and making the province 
happy, and do think it will be to no purpose at pre- 
sent to spend time about such a bill, seeing the coun- 
cil has put them out of all hopes of having any such 
act to pass. 

' Doctor Johnson also reported from the said com- 
mittee, that the 60th article of her majesty's instruc- 
tions being read, requiring an act to be passed, for 
tliose people that make a religious scruple of swearing, 
to the like effect of that passed in the 7th and 8th of 
king William the third in England, so far as may be 
consistent with good order and government • that the 
house have already sent up such an act to the council 
for their concurrence, as near to the like effect as the 
circumstance of this colony will admit; which the 
council rejected without committing the same. 

' And further, that the 94th article of her majesty's 
instructions being read, requiring an act to be passed 
ascertaining qualifications of jurors ; that the same 
was included in the bill, entitled, " An act for ascer- 
' taiuing the qualifications of jurors, and enabling 
' the people called quakers to serve on them, &c." 
which the council rejected without committing the 
same, as is reported before to the 60th article. 

' And that he was desired to move, that they might 
* have leave to sit again. 

By this report, it seems the assembly had no expec- 
tation of obtaining these matters this session ; they 
took into consideration the militia act, passed in 

Cornbury's 



374 



The history 



A. D, 

1710. 



Vindica- 
tion of a 
former as- 
uemhlj. 



Cornbury's time, by which the quakers in many 
parts of the province had been greatly oppressed ; they 
appointed doctor Johnston, Isaac Sharp, Jacob Spicer, 
William Sandford, John Eeid, and Robert Wheeler, 9- 
a committee, * to prepare and bring in a bill, for ex- 

* plaining an act of this province, past in the third 

* year of her majesty queen Anne, entitled, " an act 
" for settling the militia of this province, and for re- 
" lieving persons aggrieved thereby." 

A Bill was brought in, and divers officers who had 
been more rigorous in distressing, than the law warrant- 
ed, were sent for, to answer for their conduct at the 
bar of the house, and ordered to render account of 
the goods distrained ; this gone through, the bill passed, 
in which provision was made for the relief of the 
sufferers ; but the council rejected it, as they had done 
the other bills. 

Next came on the consideration of the charges made 
against a former assembly, to the queen, whose vindi- 
cation they undertook. 

* A copy of a paper entitled. The humble address of 

* the lieutenant governor and council of Nova- Ccesaria 

* or New- Jersey, in America, to the Queen's most excellent 

* majesty ; h- signed by Richard Ingoldsby, William Pin- 

* home, Roger Mompesson, Thomas Revell, Daniel Leeds-, 
' Daniel Coxe, Richard Townley, William Sandford, and 

* Robert Quarry, in the year 1707 ; was read in the 

* house ; and being taken into consideration, the 
'question was put, whether the said humble address 

* (as it is called) of the lieutenant governor and council 
'to the queen's most excellent majesty, be a false and 
' scandalous representation of the representative body 
' of this province, or not ? it was carried in the affir- 
' mative. A motion being made, and the question 

' being 

g. The two last had left the qnakers, with G. Keith, and Sand- 
ford had distinguished himself against them. 

A. See p. 345, &c. 



O F N E W - J E K S E Y . 375 

^ being put, whether this hou^e do address her majesty A. D. 
' for the justification of the proceedings of the repre- ■^'^^^• 

* sentative body of this province, in the present and 

* former assemblies, or not ? it was carried in the affir- 

* mative. 

• A motion being made, and the question being 
' put, whether any person that has signed the above 

* mentioned false and scandalous representation of the 
' representative body of this province, be a fit member 

* to sit in this house, unless he acknowledge his fault 
'to this house, or not? it was carried in the negative. 

'Major Sandford, one of the members of this 

* house, having acknowledged that he signed the 
' above mentioned address to her majesty, was asked 
' if he would acknowledge his fault to this house for 
' the same ? his answer was, he signed it as he was 

* one of her majesty's council, and was only account- 
' able to her majesty for the same ; wherefore the 
' question was put, whether major Sandford be expelled 

* this house for the same, or not? it was carried in the 
' affirmative. 

' Ordered, that major Sandford be expelled this house, 

* for signing a false and scandalous paper, called the 
' humble address of the lieutenant governor and 
' council, to her majesty, in the year 1707 ; and he is 

* expelled this house accordingly. 



CHAP. XX. 

Representation of the Assembly to governor Hunter ; and 
his answer. 

PURSUANT to the resolutions of the house, an 
address was prepared, and sent to the queen, and a 
representation to governor Hunter: This last is a 
particular answer to the charges, and was as fol- 
loweth : 

'The 



376 



The history 



A. D. 

1710. 



Represen- 
tation to 
governor 
Hunter. 



' The humble representation of the general assembly 
' of her majesty's province of New-Jersey. 

* To his excellency Robert Hunter, Esq ; captain 

' general and governor in chief of the provinces of 

' New-Jersey and New- York in America, and vice 

' admiral of the same, &c. 

* May it please your excellency ; 

' When the lord Lovelace was pleased to let the 
' representative body of this province know, that her 
' majesty desired to be informed of the causes of tlie 
' differences between the gentlemen of the council and 
' them ; nothing could be more satisfactory ; because 
' they entirely depended, that a person of so much 
'justice and veracity, would put things in their true 

* light ; and had he lived long enough to have complied 
' with her majesty's commands, we had not now been 

* under the necessity of laying the following representa- 

* tion before your excellency. 

' We are very sorry we have so much reason to say, 

* it was lately our misfortune to be governed by the 
' lord Cornbury, who treated her majesty's subjects 
' here not as freemen who were to be governed by laws, 
' but as slaves, of whose persons and estates he had the 
*sole power of disposing. Oppression and injustice 

* reigned every where in this poor, and then miserable 
'colony; and it was criminal to complain or seem any 
' way sensible of these hardships we then suffered ; and 
' whatever attempts were made for our relief, not only 
' proved ineffectual, but was termed insolence, and 
' flying in the face of authority : the most violent 
' and imprudent stretches of arbitrary power, were 
' stamped with the great name of the queen's preroga- 
' tive royal ; and the instruments and strenous assertors 

* of that tyranny, were the only persons, who in his 
' esteem and their own, were for supporting her maje- 
' sty's government : Bribery, extortion and a contempt 
' of laws, both human and divine, were the fashion- 
' able vices of that time ; encouraged by his counte- 

* nance, but more by his example ; and those who 
' could most daringly and with most dexterity trample 

'upon 



Of NEW-JERSEY. 377 

' upon our liberties, had tlie greatest share both in the A. D. 

•government of this province and his fiivour; This ^ ^* 
usage we bore with patience a great while, believing, 
tiiat the measures he took proceeded rather from 
want of information or an erroneous judgment, 
than the depravity of his nature ; but repeated in- 
stances soon convinced us of our mistaken notions; 
and that he was capable of the meanest things, and 
had sacrificed his own reputation, the laws, and our 
liberties, to his avarice : No means were left unes- 
sayed, that gave hopes of gratifying that sordid pas- 
sion : The country was filled with prosecutions by 
informations of the attorney general, contrary to law. 
Those of her majesty's subjects who are called Qua- 
kers, were severely harrassed, under pretence of 
refusing obedience to an act of assembly for settling 
the militia of this province, when neither the letter 
nor meaning of that act justified the severities used 
on that account ; the measures that were then taken, 
being chiefly such as the implacable malice of their 
adversaries suggested : The rights of the general 
proprietors, which upon the surrender of the govern- 
ment, were promised to be preserved inviolable to 
them, and which her majesty, by her instructions,^ 
had taken all possible care to do, were by him invaded 
in a very high degree ; their papers and register 
being the evidences they had to })rove their titles ta 
their lands and rents, violently and arbitrarily forced 
from them, and they inhibited from selling or dis- 
posing of those lands ; by which means their titles 
were made precarious, the value of lands through the 
whole province fell very much, and a great stop was 
put to the settlement and improvement of it : To be 
short, all ranks and conditions of men grossly 
abused, and no corner of the country without com- 
plaints of the hardships they suffered from the exercise 
of a despotick and mistaken power : An administra- 
tion so corrupt, so full of tyranny and oppression 
in all its parts, induced the assemby to have a regard 
to the cries of that unhappy country they represented, 

* and 



378 



The history 



' and to endeavour (if possible) some redress and 

* accordingly, in a most humble manner, remonstrated 

* to his lordship their grievances ; who was of opinion, 

* their remonstrance lay open to a very ready answer ; 
' but that he might give them no occasion to say he had 

* done it with heat and passion, he took some few days 
'to do it ; but with what coolness and temper it was 

* done, those who have seen it can judge ; they both 

* lie before your excellency (No. 1 and 2.) Sometime 

* after the assembly were adjourned ; and when we met 

* again, made a reply to that answer ; which reply 
' (No. 3.) lies before your excellency ; but neither the 

* one nor the other procured the desired elFects ; on the 
' contrary, the number of our grievances were in- 
' creased, some of the most considerable of our inha- 

* bitants deserted the province, and many of those that 
'remained thought themselves unsafe in it; the only 
' hopes they had, was the arrival of the lord Lovelace, 
' which supported their sinking spirits, and gave them 
' an expectation of better days. 

' Upon the first sitting of the assembly, after his 

* arrival, he communicated to them a paper, called, 

* The adch-ess of the lieutenant governor and council of Neio- 
^ Jersey. It was no surprise to us, to find any thing 
' indecent or virulent proceeding from such men ; but 

* it was with some concern, we beheld what endeavours 

* they had used, to render her most gracious majesty 

* disaffected with her honest and loyal subjects here, 

* by accusations which were not only false, but what 

* they knew to be so, at the time of their writing of 

* them, and which we had made appear to be so, had 

* they not used evasions and shifts to avoid coming to 

* the test, in the time of lord Lovelace, and while the 

* assembly was sitting ; then they seemed to be for re- 

* conciling matters, and burying every thing in 

* oblivion, in hopes their own deeds of darkness might 

* partake of the same covering ; and hoped the sweet- 

* ness of that noble lord's temper, and inclinations to 

* peace, might secure them from that examine which 

* was necessary to expose them in their true colours ; and 

* how 



OfNEW -JERSEY. 379 

* how much on that occasion they fawned and flattered, A. D. 
' appears by an address ol' tlieirs to him, which ^^^^' 

* for the peculiarity of the language (and we might 

* say the unintelligibleness of the terms) ought never 

* to be forgotten : It begins thus, Your lordship has not 

* one virtue or more, but a corap/efe accomplishnient of all 
' perfections, &c. and at the same time they were deify- 
^ ing him (if such an address could do it) they were 

* caballing and articling against bim, triumph'd in his 
^ death, and have barbarously treated his memory ; and 

* notwithstanding the laws of heaven and nature, (as 

* they are pleased to express themselves) and all the 

* fine things they say of you, added to the justness of 

* your administration, they'll give you the same treat- 
' ment when they can ; the knowledge we have of 

* their practices, has made us trespass a little longer on 

* your excellency's patience than we at first designed : 

* But to return to the address ; be believe the gentlemen 

* of the council have transmitted something to one of 
' her majesty's secretaries of state, which they called 
' proofs, and with all the secrecy they could, hoping it 

* may obtain at that distance, especially when backed 
' by some whose interest it is, that all they have said 

* be credited : To prevent the ill consequences that may 

* attend the belief of what they have said, or indeed 
' can say, we shall endeavour to prove every article 
' of the said address false ; and that the subscribers 

* knew several of them to be so at the time of their 

* signing ; what we say is publick, not carried on in 
' darkness, to prevent that reply, which the gentlemen 

* concerned to justify themselves, and upon the spot, 

* may make if they can. 

' We begin with the title of the address ; which is, 

* The humble address of the lieutenant governor and council 
^ of Nova- Caesar ia or New-Jersey in America. 

' This carries a falsehood in the very front of it ; for 

* it was no act of council ; but signed by some in the 

* western, and by others in the eastern division of New- 

* Jersey, by one or two in New- York, at difierent times, 
' being privately carried about by a messenger of my 

lord 



380 



The history 



' lord Cornbury's ; and some were raised out of their 
' beds to sign it ; it never pass'd the council ; was never 
' minuted in the council books, and the lieutenant 
' governor has several times protested he signed it 
' without ever reading it : The gentlemen of the council 
' cannot deny the truth of this ; if they do, we can 
'prove it; but to justify themselves they say, it was 
' signed by the lieutenant (jovenwr and the gentlemen of 
' the council, though uot hi council: So that it's plain, 
' they designed to abuse the queen, by giving it the 
' stile of an act of council, which her majesty and 
' every body that reads it would take to be so, when 
' they knew in their consciences it was not so ; but that 
' their malice or servile fears induced them to sign it, 
' and may not improperly be called, forging an act of 
' council ; it's apparent that Roger Mompesson, esq ; 
' signed it by himself ; that it was brought to him as 
*an act of council, and that as such he thought him- 
' self obliged to sign it, as by his reasons for signing it 
' appears ; which reasons could have had no weight, 
' had he not understood it to be so ; for he owns he 

* never examined into the particulars of it. 

' The first article is. We the lieutenant governor and 

* council of her majesty's province of Nova- Ocesaria or 

* New-Jersey, having seriously and deliberately taken into 
' consideration the proceedings of the present assembly or 
' representative body of this province, thought our selves 
' bound, both in duty and conscience, to testify to your 

* majesty our dislike and abhorrence of the same. This is 

* true, if signing any thing without reading or examin- 
*ing into the particulars of it, and by some between 

* sleeping and waking, be arguments of seriousness and 
' deliberation, otherwise not ; except by the words 

* seriously and deliberately, be meant, their resolutions 

* on all occasions to do what the lord Cornbury com- 

* manded them ; as indeed their signing this address, 
*' and their conduct in every other thing, did but too 

* plainly evince, to be the only seriousness and delibe- 

* ration they were capable of : When col. Quarry sign'd 

* that address, we believe he was misled, and depended 

too 



Of NEW-JERSEY. 381 

*■ too much on the credit of others ; we must do him A. D, 

'the justice to own, that he has of late declined join- ■'•^^^' 

*■ ing; with them in many of their hot and rash methods, 

' and behaves himself at present like a man of temper, 

' who intends the service of the queen and good of 

' the country. These addressors tell her majesty, that 

' they were in duty and conscience hound to testify their 

' dislike and abhor'rence of the same to her : Had they 

' abhorred falsehood, and discharged their duty as in 

' conscience they were bound to do, in refusing to join 

' with the lord Cornbury, in all his arbitrary and unjust 

' measures, and particularly in that scandalous address, 

* (pardon the expressions) the country would not have 
' had that just cause to complaim, as now they have, 
' and in probability always will, while they continue 
' in their present stations : There were no proceedings 
' in that assembly that any honest man had reason to 

* dislike ; and their endeavours for the good of the 

* country, deserve the highest praise, and ought never 

* to be forgotten by New-Jersey. 

' The second article is, That the unaccountable 
' humours and jpernicious designs of some particular men, 

* have put them upon so many irregular if ics, with inten- 
' tion only to occasion divisions and distractions, to the 
' disturbance of the great and weighty affairs which her 
' majesty^s honour and dignity, and the peace and welfare 
' of the country required : The so many irregularities 
' are, we suppose, what the lord Cornbury mentioned 

* in his answer to their remonstrance ; which that house 
' replied to ; as may be seen in their reply (No. 3.) and 
' whether they were irregularities or no, the world can 
'judge; but be they what they will, the addressors 
' are never able to prove, that the unaccountable hu- 
' mours of some particular men put them upon them ; 
'they may indeed boldly say they did, and if that will 
' do, they may say again, that it was with intention to 
' occasion divisions, &c. but that neither proves, that any 
' particular men influenced that assembly, nor that the 
' intentions of doing so, were as they say ; that being 

* impossible for them to know ; and if we may be 

' allowed 



382 



The history 



A. D. 

1710. 



' allowed to know the intentions of that assembly, they 
' were far otherwise than what the addressors represent 
' them to have been. 

' The 3d article was, That we had highly encroached 
' upon her majesty's prerogative royal. 

' The 4th, That we had notoriously violated the rights 
' and liberties of the subject. 

' The 5th, That we had manifestly interrupted justice. 

* These three articles are what the lord Cornbury, 
'in his answer to the remonstrance, charges that assem- 

* bly with, which are fully answered in the aforesaid 
' reply, and proved to be false charges ; and this the 

* addressors knew when they signed the address, if ever 

* they read the reply or address (which is very much to 

* be questioned) and we believe, if the truth M^ere 

* known, notwithstanding their pretensions to serious- 

* ness and deliberation, they had little more hand in it 

* than setting their hands to it, as we shall endeavour 
' to evince : It is undeniably true, that it was signed 
' at different times, and in different places ; it then 
' must be true, that it was brought ready drawn to the 

* signers, and its very probable that they did not read 
' it, certainly not with any consideration : The lieu- 
' tenant governor, as we observed before, has owned 

* he did not, and the late chief justice, Eoger Mom- 

* pesson. Esq ; a man as likely to read and consider as 
' any of them, owns under his hand, he never did ex- 

* amine the particulars of it ; which is, in other words, 

* owning he did not read it ; and its not very likely the 

* rest should : These three articles are the very words 

* used by the lord Cornbury in his answer : the whole 

* address seems to be an abridgment of that answer, 

* several sentences the same, the stile the same, and 
' the same vein of intemperance and ill nature through 

* them both ; and in all likelihood done by his lord- 
^ship, who made the addressors father whatever his 

* lordship was ashamed to own. 

' The 6 th article is, That the remonstrance was a most 
'scandalous libel. 

' The 7th, That the lord Cornbury made a full and 

* ample answer to it. ' The 



Of NEW-JERSEY. 383 

' The 8th, That the reply of the house of representa- A. D. 
' tives of the province of New-Jersey, was a scandalous 

* and infamous libel; and they add on that head, this last 
' libel came out so suddenly, that they had not time, as yet, 
' to answer it in all it$ particulars. 

' Certainly it is impossible, that ever men in their 
' right wits, after reading such an address, should sign 
' it ! Was it ever known, that any book or paper wrote 
' by a house of commons, was called a libel, and a 
' most scandalous and infamous libel f If the gentlemen 

* had intended to shew their talents of railing and abu- 
' sive language ; they could hardly have taken a more 
' effectual way, than by that address, which if it prove 
' nothing else, proves them to be very much masters 
' of those qualifications ; but we cannot be of opinion, 
' that their calling the remonstrance or reply a libel, 

* proves them to be so ; nor had they any reason to 

* expect it would be taken by her majesty, for any thing 

* more than a demonstration of their want of temper ; 
' for if those two papers were libels, then the house of 
' representatives might have been punished for them, 
^ or at least prosecuted ; and if so, any vote, resolve, 
' address or remonstrance that they made, or any other 
' house of representatives could make, would subject 

* the said house of representatives (the authors of them) 

* to the same inconveniency, whenever the gentlemen 
' of the council were pleased to call them so : This is 

* so contrary to the known practice of England, to the 
' laws, to the rights and privileges of the house, that it is 

* a needless labour to prove, either that the gentlemen 

* never read what they signed, or knew what they signed 

* to be false at the time of their signing of it : But to say 
' a little more, the remonstrance and reply are so far from 

* being false, that they are most true : Several of the 
' facts are owned by the lord Cornbury, and where he 

* either evades or denies them, they are made out in the 
' reply: His bribery was proved by a cloud of evidences 
' in the house ; and whatever else is charged upon him, 
' he knew to be true ; and it is neither in the power of 

* his full and ample answer, nor even of the address 

' itself. 



384 



The HISTOEY 



A.D. 

1710. 



' itself, to persuade the contrary : The assembly say 

* indeed in their remonstrance, Had the affairs of New- 
' York admitted his lordship oftener to attend those of 
' Nerv-Jcrset/, he had not then been unacgitainted with 
' their grievances ; and th(d they toere inclined to believe 
' they would not have grown to so great a number. This, 
' perhaps, may be one of the falsehoods the addressers 

* mean ; and truly it ought to be acknowledged, tiiat 

* the then assembly had no reason to believe his lord- 
' ship's presence in this province would have any other 
' effect, than the increasing, instead of diminishing 

* their grievances ; but when the addressors say that 
' the reply came so suddenly out, that as yet, they had 
' not time to answer it in all its particulars : They seem 

* to imply, that they had answered it in some of them ; 

* which has not been done, no, not as yet, though it 

* has been out above three years : And, its coming out 
' so suddenly, &c. is a great mistake, to say no worse 
'of it ; for it had been out above six months before 

* their address was signed : This is another proof that 

* they never read the address before they signed it ; or 
' if they did, that they knew what they signed to was 

* false, at the time of their signing. 

' The 9th article is. That these disturbances are owing 
*• wholly to mr. Lewis Morris and Samuel Jenings, men 

* o/ turbulent, factious, uneasy and, disloyal principles; 

* men notoriously known to be uneasy under all government, 

* and men never known to be consistent with themselves. , 

' The 10th article is. That to these men are owing 

* all the factions and confusions in the governments of 
*• New-Jersey and Pennsylvania. 

' These articles are not only the stile of the lord 
' Cornbury's answer to the remonstrance ; but for the 

* most part the very words. If mr. Morris, and rar. 

* Jenings, were such men as the addressors say they 
' are, viz. turbulent and factious, uneasy under all 
' governments, and the causers of the factions and 

* confusions of New-Jersey and Pennsylvania ; then 

* certainly to continue thus turbulent, &c. evinced they 

* were not inconsistent with themselves, but constantly 

' pursued 



Of new-jersey. 386 

' pursued the same measures : This was an expression A. D. 

* the lord Cornbury was very fond of, and very much ^ ' 
' used, and the addressors here have been but the 

* parrots of his thouglits ; and all they have said of 
^ these gentlemen (one of whom is in his grave, viz. Mr. 

* Jenings) is a notorious abuse ; for whatever was 
' done by the assembly (if it's their proceedures they 
' call disturbances) was not done either by the influence 
' of Mr, Morris or Mr. Jenings, but from a just sense 

* of their duty, in discharge of the trust reposed in 

* them by the country, and to prevent the ill effects 

* of an arbitrary and unjust use of power, by the lord 
' Cornbury, so much encouraged by the slavish com- 

* pliances of the addressors, men never known to be 
' inconsistent with themselves, nor we fear never will. 

' We should not trouble your excellency longer on 
' this head, did we not know this is an article which the 

* addressors think they can justify, and which they 
' suppose will prove a sufficient defence for all they 
' have said ; therefore, to put this matter in some 
' measure out of dispute, we say, in the first place, 
' that should they be able to prove what they say in 

* that article, yet it would not justify their other accu- 
^sations, nor the severe reflections they have unjustly 
' made on the representativ'^e body of this province : 
' 2dly, It plainly appears by the journals of the house, 

* that the assembly insisted on the same things, when 

* neither Mr. Morris nor Mr. Jenings were among 
' them ; and now endeavours to evince to your 
^ excellency, that their proceedings were reasonable. 
' 3dly, The disturbances in Jersey or Pennsylvania, 
' ascribed to Mr. Morris or Mr. Jennings, were no 

* other than the opposition of an unlawful and unjust 
' authority, and that during the proprietors govern- 
' raent, before it was surrendered to the queen ; so not 

* a fit matter to have been at that time seriously and 

* deliberately meddled with by the addressors, and 
^ could be done with no other intent but to mislead the 
' queen, into a belief that Pennsylvania and New- 

* Jersey, were then disturbed by these gentlemen ; 

2 B ' 4thly, 



386 



The history 



A. D. 

1710. 



4thly, We do not find, that ever Mr. Morris was 
concerned at all, even during that time, in the western 
division of New-Jersey or Pennsylvania. 

'The 11th article is, That this is done with design 
to throw off the queen's prerogative royal, and conse- 
quently to involve all her majesty's dominions, in this 
part of the world, and the honest and good well meaning 
men in them, in confusion^ hoping thereby to obtain their 
wicked purposes. 

' It is evident from this article, that the accusations 
of Mr. Morris and Mr. Jenings, were to mislead the 
queen into such a belief as we have instanced ; 1st, 
from their using the terms (is done) being in the 
present tense : 2dly, they assign the reason why 'tis 
done, viz. not only to encourage this government, 
but all the governments in America, to throw off 
her majesty's prerogative royal, and as a consequence 
of that, to involve all her dominions in this part of 
the world, &c. in confusion ; which is in plain 
English, throwing off our allegiance, and revolting 
from the crown of England ; the addressors in the first 
place, suppose all the plantations on the continent of 
America inclinable to a revolt, whenever they have 
an opportunity ; or at least if they don't believe it 
themselves, would have the queen believe so, and be 
apprehensive of some danger from it ; which if she 
had, it's natural enough to suppose such severe me- 
thods would have been taken, as would prevent 
any such thing ; so that what the addressors have 
said, is not only an accusation of all the plantations 
in America, of want of loyalty and affection to her 
majesty ; but an endeavour to alienate her affections 
from them : We thank God it has not had the ill effects 
they intended, and hope no representation founded on 
the malice of any men, ever will ; but that the au- 
thors of them may always meet with as little credit 
as they deserve : Can it be thought, or could the 
addressors themselves ever seriously and deliberately 
think, that the province of New-Jersey, (one of the 
most inconsiderable of all her majesty's colonies, and 

'the 



Of new-jersey. 387 

* the most incapable of making any defence, having A. D. 
^ no fortification that exceeds u stone house, and of 

^ them but very few ; a great part of whose people 
' are quakers, who by their principles are against 
' fighting) would be so unaccountably mad, as to 
' throw off their allegiance (especially to be the first 
' in doing it) and expose themselves to unavoidable 
'ruin and destruction? Whoever can seriously think 
' this, and with deliberation assert it, ought very seri- 
' ously, and without much deliberation, be confined to 

* the society of mad-men, as persons that can seriously 
'and deliberately believe and say any thing; which 
' is all we shall say to this ridiculous, as well as mali- 
' cious charge, and pass to the 12th article; than 
' which nothing more untrue, and knowingly so, 
' could be asserted, as we shall by what follows, make 

* out ; the article runs thus : That the assembly are 
' resolved neither to support the queen's government with a 
' revenue, nor defend it by settling a militia. 

' Now it is plain, that this house never did deny to 
' raise a sufficient support for the government, and 

* took proper care concerning the militia, as by the? 
' several acts for those ends does more largely appear ; 
' nay, when the expedition against Canada, was on 

* foot we gave three thousand pounds for that end, 
' over and above the support of government ; and the 
' casting vote for the raising that money, and the 
' settling the militia now, was given by Mr. Hugh 
' Middleton, one reputed a quaker ; so that it will 
' very easily appear, that accusation of the addressors, 
' was not only very untrue, but that they knew it to 
' be so at the time of their signing of it ; nay more, 
' we shall make it appear, that the gentlemen of the 
' council have used their utmost endeavours to defeat 
' the government of a necessary support, and to 
' frustrate, as much as in them lay, the expedition 
' against Canada ; so that the accusation lies most 
'justly against them, and not against us; for the acts 
' for the support of the government, and settling the 
'militia, made in the time of the good lord Lovelace, 

' was 



388 



The history 



was pass'd by them with the greatest difficulty ; and 
the act for raising three thousand pounds, towards 
carrying on the expedition against Canada, Avas at 
their direction, by Elisha Lawrence and Gershom 
Mott, two of their tools, who were members of this 
liouse, (and were not quakers) voted out, and who on 
the first and second reading, voted for it, concealing 
their design of voting against it, till the time of their 
voting; and not being quakers, were not suspected 
of voting against it, otherways care had been taken 
to put it out of their power ; and to make it apj>ear, 
that it was done with design, by direction of the 
lieutenant governor and council, to cast a reflection 
on the house, and to justify their allegations in their 
address, even at the expence of defeating the expe- 
dition; the lieutenant governor colonel Ingoldsby, 
tho' assured by the speaker, and other members of the 
house, that if the house was prorogued but for twenty 
four hours, care should be taken the bill should pass ; 
who presently after did, notwithstanding, adjourn 
the house, from the thirteenth of June to the twenty 
eighth of July following ; a time so long, that if the 
house and council had been never so willing, the 
season would by that time have been so far advanced, 
that it had been of no use then to have raised either 
men or money towards that expedition ; as the lieu- 
tenant governor and council very well knew; and 
had not the honourable colonel Nicholson, and col. 
Vetch, in an extraordinary manner, prest the calling 
the house sooner than the time appointed, viz. on 
the twenty third day of June, neither money nor 
men had been raised on that account : This we think 
comes up to a demonstration, that these gentlemen, 
rather than not gratify their resentments, and give 
some colour of justifying what they had said, chose 
to sacrifice the service of the queen, and the common 
good, on so extraordinary an occasion, to their private 
piques ; and indeed their proceedures ever since, have 
confirmed the country in that opinion, and exposed 
their conduct to a just censure, and shewed that they 

'have 



Of NEW-JEESEY. 389 

* have been so far from enJeavouring (as they say, A. D. 
' in the last article) by application to the governor, to 

' remove the grievances, if any were ; that if their best 
' advice was at any time offered, it was rather how to 
' continue and render them more intolerable : We 
' are sorry we have so much reason to say this as we 
^have; but a long and uninterrupted series of despo- 
' tick and arbitrary government exacts it from us ; and 

* which we are sure they will, to their power, continue 
' as long as to the great misfortune of this colony, 
' they remain in any places of publick trust. 

' To enter into a detail of their several male-admi- 

* stratiuns, 'twould take up more time than we can at 

* present spare, and stretch the bounds of this repre- 
' sentation to too great a length : We have already laid 
' before your excellency some proofs against mr. Hall, 
' one of the council, of his extortion, and imprisoning 
^ and selling the queen's subjects ; who, if they had 
' been guilty of the crimes alledged against them, ought 
' to have been prosecuted accordingly and not dis- 

* charged on any hopes of private gain ; and if not 

* guilty, ought not to have been laid in prison and in 

* irons, and by those hardships forced to become his 
' servants, rather than endure them : But a man that 
' could, after taking up adrift several cask of flour, 
^ deny them to the owner, and fell 'em, is capable of 
' any thing that is ill ; and how fit for so honourable 
^ a post as one of her majesty's council, or indeed any 

* other place of trust in this government, is most humbly 
^ submitted to your excellency's consideration. 

* Were there nothing against Mr. Peter Sonmans, 
' but his being indicted for perjury ; from which by a 

* pack'd jury he was cleared, as appears by the memo- 

* rial (No. 4.) there being but too much reason to 

* believe he was justly accused ; it would be no mean 
' reason to lay him aside from her majesty's council ; 
' it being some sort of reflection to continue a person 
' even supposed guilty of so heinous a crime, in so high 

* a post, which her majesty in a particular manner has 

* endeavoured to secure the honour of, by directing in 

'her 



390 



The history 



A.D. 
1710. 



* her instructions, that no person ne^cessitous or much in 
' debt shall be of it ; much less a person known to be a 
' bankrupt, as Sonmans is, and who at this time, and 

* for some years past, has lived in open and avowed 

* aduldery, in contempt of the laws, which his being in 
' power not only protects him from being punish'd, 
' but enables him to carry on his wicked designs, by 

* imposing on the honest and simple people, who suspect 
' no trick from a person of his rank ; as appears by 
'the depositions (No. 5.) relating to the Amboy peti- 
' tion against dr. Johnston and mr. Reid ; and to stretcb 
' and warp the laws, to the manifest prejudice, ruin and 

* undoing of many of her majesty's subjects, whose 
' complaints from the several parts of the province, (so 
' unfortunate as to be under his direction,) we make 

* no doubt has long e'er this reach'd your excellency's 

* ears ; and which, we persuade ourselves, will, when 
'your excellency is satisfied with the truth of them, 

* have their proper effects. 

' The courts of law in which the gentlemen of the 
'council were judges, instead of being a protection 
' and security to her majesty's subjects, of their liberties 
' and properties, in disputes that came before them, 
' becfime the chief invaders and destroyers of them 
' both ; and what should have been the greatest benefit, 
' proved the greatest grievance ; as we we shall instance 
' in a few of the many things we could : And first, 
' notwithstanding her majesty, for the ease of her sub- 
'jects here, has been pleased to appoint the supreme 
' court of this province to be held alternatively at 
' Amboy in the eastern, and Burlington in the western 
'division of this province; yet the causes of one divi- 
'sion are tried in the other, and juries and evidences 
' carried for that end, at the great and needless charge 
' of those concerned, as well as great expence and loss 
' of time to the people in general ; who can receive no 
' benefit by the courts being held alternatively, if the 
' ends for which they are so held, be not answered, and 

* causes tried in the same division to which they do 

* belong ; besides it is a practice of very mischevious 

' consequence. 



Of new-jersey. 391 

* consequence, making the people entirely depena on A^ D. 
^ and be subject to the judges of the said court, who ■^"^^* 

* can by that method, lay any persons they do not like, 

* under the necessity of being at the beforementioned 

* charge, and make them that way sensible of their 

* resentments ; which, as we have instanced, they 

* have been too ready and willing on all occasions to 

* do : Secondly, the writ of habeas corpus, the un- 
' doubted right, as well as great privilege of the sub- 
^ ject, was by William Pinhm-ne, Esq ; second judge 

* of the supreme court, denied to Thomas Gordon, 

* Esq ; then speaker of the assembly ; and, notwith- 
' standing the station he was in, was kept fifteen hours 
^ a prisoner, until he applied by the said Pinhorne's 
' son, an attorney at law, and then, and not before, 
' he was admitted to bail ; which fact as well as other 

* things, may appear by the said Gordon's case (No. 6) 

* now laid before your excellency. The proceedings 
' against a person in that station, and at that time, 

* made it but too evidently appear, that the said Pin- 

* home would not stick to join with the lord Cornbury 

* in the most daring and violent measures, to subvert 
^ the liberties of this country ; and cannot be look'd 
^ on by this house, or any succeeding assembly, duly 
' considering the procedure and the address above- 

* mentioned, afterwards signed by him, but as a 

* person ready and willing on any occasion, to attempt 
^ upon their liberties, and overthrow them if he can ; 

* and how safe we can think ourselves while he conti- 

* nues in power to hurt, is most humbly submitted. 

' Many persons prosecuted upon informations, have 
^ been, at their excessive charge, forced to attend court 

* after court, and not brought to tryal, when there M^as 

* no evidence to ground such informations on ; but they 

* kept prisoners in hopes that some might be in time 

* procured ; and two of them, to wit, David John- 

* ston and his wife, after some weeks imprisonment, 

* not admitted to bail till they entered into a recogni- 
^ zance, the condition of which was, That if the lord 
■* Cornbury was dmatisjied with admitting them to bail, 

^ upon 



392 



The history 



A. D. 

1710. 



' upon notice thereof signified to them, they should return 
' to their imprisonment : His lordship was dissatisfied, 
' and Leeds and Revell, who took the recognizance, 
' sent tlieir orders to them to return according to the 
' condition of it. 

' Actions have been suffered to continue, after the 
' persons in whose names they were brought, have in 

* open court disavowed them, declaring they had never 
' given orders for any such actions to be brought. 

' Actions upon frivolous pretences have been post- 
' pon'd, and the tryals delayed to serve particular per- 
*sons, when the juries and evidences were all ready, 
' and attending on the tryals. 

' Though it be the right of the subject, by proper 
^ writs, to remove actions from any inferior to a supe- 
'rior court; yet at the court of sessions held at Bur- 

* lington, in December 1709, colonel Daniel Coxe, 
' colonel Hugh Huddy, colonel Thomas Revell and 
^Daniel Leeds, esquires, justices of the said county, 

* did reject a wTit of certiorari, obtained by mr. 

* George Willocks, and tjllowed by Roger Mompes- 

* son, chief justice, and committed said Willocks till 
' he entered into recognizance, to appear at the next 
' court of oyer and terminer. 

' The case of Peter Blacksfield, who by a mistake 
' or design, was divested of his estate, and ruined ; is 
'so well known to your excellency, that we need say 
' nothing more about it. 

' The people called quakers, who are by her majesty 
'admitted to places of the most considerable trust with- 
' in this province, are sometimes admitted to be evi- 
' dences ; as one Mr. Beaks, a quaker, was in a 

* capital case against one Thomas Bates, at a court of 
' oyer and terminer, held by justice Mompesson, col. 
' Coxe, col. Huddy, and others ; on which evidence, 
' he was condemned to be executed ; and sometimes 
' they have been refused to be jurors or evidences, either 
' in civil or criminal cases ; so that their safety, or re- 
' ceiving the benefit of her majesty's favour, seems 
' not to depend on the laws, or her directions, but the 

' humours^ 



Of new-jersey. 39a 

humours and capricios of the gentlemen who were A. D. 
judges of the courts : We, with all humanity, take ^^^^' 
leave to inform your excellency, that the western 
division was settled by those people, who combated 
with all the inconveniencies attending a new settle- 
ment; and with great difficulty and charge, have 
from a wilderness improved it to be what you now 
see it is ; there are great numbers of them in it, and 
should they not be admitted as evidences or jurors, 
they would be very unsafe ; for it is in the power of 
ill men, to come into their religious assemblies, and 
murder as many as they please, and with impunity, 
tho' look'd on by hundreds of quakers ; or break 
open their houses and rob with safety ; and the 
encouragement the gentlemen of the council have 
given to the meanest of the people, to abuse them, 
confirms us in the opinion, that there wants not 
those who have will enough to perpetrate the greatest 
mischiefs on that people, when they can escape the 
punishment due to their crimes. 

' The procedure of the whole body of the council, 
in relation to Mr. Barclay, is a demonstration of 
their arbitrariness and partiality, as by his case, (No. 
7.) now laid before your excellency, will more fully 
appear : When he produced a commission before 
them, from the proprietors in England, which super- 
ceded that lame one given to Mr. Sonmans ; they 
(as appears by an order of council) took the said 
commission from him ; than which nothing could 
be more arbitrary and unjust; for that commission 
was the property of Mr. Barclay, and he had the 
right of executing the powers of it ; and if any 
persons was aggrieved, or the commission not good, 
the law was open to dispute it ; and a copy of it sent 
to the queen would have answered all the just ends 
that sending the original could do : It was indeed a 
short way of determining in favour of Peter Son- 
mans, and putting it out of the power of Mr. Bar- 
clay, to rigiit himself, during that administration : 
The gentlemen may call this a strenuous asserting of 

'the 



394 



The history 



A. D. 
1710. 



the queen's prerogative royal ; but we can call it by no 
other name than an open robbery, committed in their 
judicial capacity, under a pretence of authority ; than 
which nothing could be worse, or of more pernicious 
consequence. 

' To conclude, all persons not friends" to the gentle- 
men of the council, or some of them, were sure in 
any tiyal at law to suifer ; every thing was done in 
favour of these that were : Justice was banish'd, and 
trick and partiality substituted in its place : No man 
was secure in his liberty or estate ; but both subjected 
to the caprices of an inconsiderate party of men in 
power, who seemed to study nothing more than to 
make them as precarious as possible. Your excellen- 
cy's coming, has put a check to that violent torrent 
of injustice and oppression, that bore down every 
thing before it ; and we hope, that during your admi- 
nistration, ill men will not have authority to hurt, 
nor their representations gain any credit with a person 
so able to discern the motives of them ; which are 
no other, than the gratification of their own resent- 
ments, even at the price of the publick safety, as 
we have in great measure already proved ; and their 
proceedings now does plainly confirm what we have 
offered ; for what can be the intent of rejecting our 
bills without committing of them, but to irretate us to 
that degree, that nothing might be done, either to- 
wards the support of the government, or the settling 
of a militia, that they might have wherewithal to 
justify themselves in what they have said of us ? What 
was the cause of their rejecting the bill for preventing 
of corruption in courts of justice, but the consci- 
ousness of their own crimes, and the fears they had 
of that examine, which must necessarily have exposed 
their conduct to a due censure ? What was it that made 
them throw out the bill against bankrupts (though 
made by her majesty's express direction) and profess 
themselves against any bill whatsoever on that head, 
but the dread they had of feeling the just consequen- 
ces of it themselves? Nay, one of them, William 

' Pinhorne, 



Op NEW-JEESEY. 395 

* Pinhorne, esq ; by name, was pleased to say, it was A. D, 

* with horror and amazement he beheld a bill with that ^^^^* 
' title ; we are not so fond of the bill as it was drawn, 

^ but that we would have readily joined with the council 
' in any reasonable amendments, had they offered 

* them ; but we think no honest man could be against 
' a bill that makes the estates of persons becoming 

* bankrupts, liable to pay their just debts ; and we 
' hope New-Jersey won't long be a sanctuary for such. 

* The bill, entitled, An act for enabling persons ag- 

* grieved by an act for settling the militia of this pro- 

* vince, was, to make the distresses unreasonably and 

* illegally made on pretence of the militia act, return- 
' able to the owners, and to punish the persons that did 
' it ; but this they will not pass, knowing that so just an 
' act would be attended with consequences they can by 

* no means bear ; the instruments of that oppression being 
' to be protected by them at any rate, and nothing to 
' be heard against them, because they were officers of 

* the government, tho' their practices were never so 
' unreasonable or unjust, and her majesty's subjects 

* left remediless, and must patiently sit down, after 
' having their houses and plantations plundered, and 

* their persons abused by a crew of needy and mer- 
^ cenary men, under pretence of law ; but it was such 

* persons that were useful to them, and such they must 

* for their own safety, protect : 'Tis for this reason 

* they combine together, to secure, as far as they are 

* able, Jeremiah Bass, their clerk, the secretary of 
^ this province, and prothonotary of the supreme 

* court ; in all these offices his pen is to be directed by 
' them ; they dread an honest man in these offices : 
' How he has behaved himself, is in some measure 
' known to your excellency, especially in the case of 

* Dennis Linch, the Maidenhead people, and Peter 

* JBlacksfield ; the two last are notorious malversations 
^ in his office, and appear under his hand, and by the 
^ minute books of the supreme court ; and it is no 

* excuse in him, when men are turned out of their 
^ estates and ruiu'd, to say, it was a mistake ; if such 

*an 



396 



The history 



A. D. 

1710. 



an excuse would do, it is very easily made on any 
occasion ; and in this province, can be safe, when such 
a person continues in offices of so great trust. 
All the original copies of the laws passed in the time 
of the just lord Lovelace, are somehow or other 
made away with ; Bass offers to purge himself by his 
oath, that he has them not, nor knows any thing of 
them ; and it may be so for aught we know ; but in 
this province where he is known, it is also known, 
that few men ever believed his common conversation, 
and several juries have refused to credit his oaths ; he 
corroborates what he says with the evidence of Peter 
Sonmans, one of the council, a person once indicted 
for perjury ; and how he was cleared, the aforesaid 
memorial makes out ; so that we do not think him 
a person of sufficient credit to determine that point. 
It is certain, that the secretary's office is the place 
those laws ought to be in, and he ought not on any 
pretence to have parted with them out of the pro- 
vince : It is certain, the lieutenant governor ought, 
within three months after the passing of them, to 
have sent copies of them to the lords commissioners 
for trade and plantations, and duplicates of them by 
the next conveyance after ; and this under pain of her 
majesty's highest displeasure, and the forfeiture of 
that year's salary, on which he should on any pretence 
whatsoever omit the doing of it; how comes it then 
about, that neither the secretary Bass, nor mr. Cock- 
rill, private secretary to the lord Lovelace, and who 
lived six months after his master's death, was never 
examined about them ? Mr. Cockrill could have 
cleared up that matter while alive, if the lieutenant 
governor could be thought so grossly to neglect what 
he knew to be his duty ; why did not mr. Bass apply 
to him in all that time for those laws? If he had 
parted with them, as he pretends, so much against his 
will, it was very natural to suppose he would have 
used the utmost application to get them again ; yet no 
one enquiry is said to be made after them, either by 
Bass or tide lieutenant governor, of the lady Love- 

*lace. 



Of NEW-JERSEY. 397 

Mace, who staid in New- York long after the death of A. D. 

' her lord, or of his secretary ; nor no noise at all made • 

' about them till this time, so long after the arrival of 

' your excellency ; can any body think it was the inte- 

' rest of either the lord or lady Lovelace, or his seere- 

' tary, or any of his lordship's friends, to destroy a 

' law which gave the lord Lovelace eight hunch'ed 

* pounds, and without which he could not have it ? but 
' it does appear to be the interest of the lieutenant go- 
' vernor and his friends to destroy it; for they had got 
' an act passed, which took from the lord Lovelace 
' three hundred and thirty pounds of that money, and 
' gave it to the lieutenant governor ; and two hundred 
' and seventy pounds more of it was given to him for 
' the support of the government. Had he sent the 
' act made in favour of the lord Lovelace, to the 
' queen for her approbation or disallowance, and her 
' majesty had approved of it, as in all probability she 
' would have done, then the act made in colonel In- 
' goldsby's favour had been void ; but had the other 
' gone home first, there was an expectation it might pass, 
' the queen knowing no more about the first act, than 

* that a vote had passed in favour of the lord Lovelace. 

' And to make it plainly appear, tliat colonel Ingolds- 
' by, and the gentlemen of the council, M^ere appre- 
' hensive of the danger of sending those acts to Eng- 
' land ; to the act we have now jtast, for making the 
' printed copies as effectual as if the originals were in 
' the secretary office, that your excellency may be 
' enabled to transmit them to her majesty ; they have 
' added a providing clause, that the act made in col. 

* Ingoldsby's time, (which takes that money from the 
' lord Lovelace) shall not by this act we have past, be 
'made void in the whole or any part thereof; but con- 
' tinue in full force and virtue, as if this act had never 
'been made: This amendment they insist on, 'tho they 
' knew, and do know, we will never agree to a clause 
' so foreign to the title and intent of the bill ; but this 

* is done by them, with design that the bill shall not 
*pass; by which means her majesty will be without 

' authentic 



398 



The HISTOEY 



A. D. 

1710. 



authentick copies of the acts, during that good lord's 
administration ; and they hope will confirm the acts past 
in colonel Ingoldsby's time : What we have said on 
this head, shews very plainly who are the persons 
that ought, with most reason to be charged, with the 
making away those original laws. 

' We are concerned, we have so much reason to ex- 
pose a number of persons, combined to do New- 
Jersey all the hurt that lies in their power : Her ma- 
jesty has been graciously pleased to remove colonel 
Richard Ingoldsby from being lieutenant governor, 
and we cannot sufficiently express our gratitude for 
so singular a favour; and especially for appointing 
your excellency to be our governor : We have all the 
reason in the world to be well assured, you will not 
forget that you are her subject ; but will take care that 
justice be duly administered to the rest of her subjects 
here; which can never be done while William Pin- 
horne, Roger Mompesson, Daniel Coxe, Richard 
Townley, Peter Sonmans, Hugh Huddy, and Wil- 
liam Hall, or Jeremiah Bass, Esqrs, continue in 
places of trust, within this province; nor can we 
think our liberties or properties safe while they do ; but 
if they are continued, must with our families desert 
the province, and seek some safer place of abode : 
We shall wait till your excellency can transmit accounts 
of the state of this colony, to her. majesty ; and assure 
you, that we will on all occasions very readily, to 
our power, comply with her majesty's directions, and 
be wanting in nothing that may conduce to make 
your administration happy, both to yourself and 



us. 



Signed by order of the house of representatives. 

I Will. Beadfoed, Clk. 



Die Veneris, A. M 
9 Feb. — 1710. 



This representation was received kindly by the 
governor ; he answered, ' that her majesty had given 
* him directions tg endeavour to reconcile the diffe- 
*rences, that were in this province; but if he could 

'not 



Of new-jersey. 399 

* not, that he should make a ju^^t representation to her ; A. D. 

* and that he did not doubt, but that upon the repre- ^'^'^0. 
' sentation he should make, her majesty would take 

* such measures, as should give a general satisfaction. 

The governor accordingly backing the remonstrance 
to the queen, got all the councellors removed, that 
were pointed out by the assembly, as the cause of their 
grievances, and their places supplied by others : The 
business of this session being finished, the governor 
prorogued the house. 



CHAP. XXI. 

A session of general assembly : A second expedition to 
Canada : Meeting of a new assembly : They quarrel: 
Some members designedly absent themselves : Expelled 
the house : Several of them again returned, and re- 
fused seats : A fruitful session at Crosswicks : Last 
session in Hunter's time: An act passed for running the 
division line between East and West-Jersey : Willidm 
Burnet arrives governor : An uncommon wet harvest : 
Governor Burnet meets a new assembly. 

GOVERNOR Hunter, convened the assembly in A. D. 
the summer, 1711, and opened business, with 
telling them, That her majesty's instructions which he 

was commanded to communicate, would discover the Gover- 

. nor s 

reason of his calling them together, at this time; and speech. 
that he doubted not the matters therein contained, 
would be agreeable to them, and the success profitable. 
That the fleet and forces destined for the reduction 
of Canada, were arrived in good health and condition, 
and would proceed in a little time ; that what was 
required on their parts, was the levying in each divi- 
sion 180 effective private men, besides officers, and to 
provide for their encouragement, pay, and provisions, 

'as 



400 



The history 



A.D. 

1711. 



Second 
paper 
bills of 
credit. 



Second 
expediti- 
on to Ca- 
nada. 



Fleet ar- 
rives. 



Congress. 



as well as transportation over the lakes, and other in- 
cidental charges attending the service. 

The assembly resolved to encourage this expedition, 
by raising to the value of 12 500 ounces of plate, in 
bills of credit,^- to be sunk, together with the former 
£.3000, by a subsequent tax; and provided bills for 
raising volunteers to go on the expedition, and for 
emitting the money. 

The governor passed the bills, and dismissed them 
with thanks, for the chearful dispatch they had given. 

This was a second expedition against Canada, and 
made a formidable appearance : Nicholson's designs 
having hitherto, by various disappointments, failed ; 
he now, under the scheme of reducing all Canada, 
and thereby engrossing the cod fishery, so prevailed 
on the new ministry, that the regiments of Kirk, Hill, 
Windress, Clayton, and Kaine, from Flanders ; Sey- 
mour's, Disney's and a battalion of marines from 
England, under the command of brigadier Hill, were 
sent to hiiu, on this occasion ; they came in 40 trans- 
ports, under convoy of 12 ships of the line of battle, 
commanded by admiral Walker ; several frigates, two 
bomb vessels ; and brought a large train of artillery, 
under col. King, with forty horses, and six store ships; 
they arrived at Boston early in the summer. 

By orders from home, a congress was held at New- 
London, of all the plantation governors, north of Penn- 
sylvania, with Nicholson, to adjust the measures to be 
fallen upon : Two regiments from the Massachusetts, 
Rhode-Island, and New-Hampshire, joined the British 
forces ; while the militia from Connecticut, New- 
York, and New-Jersey, with the Indians of the five 
nations, under Nicholson, marched by land from 
Albany, to attack Montreal : The fleet being retarded 

at 



k. Equal to £. 5000 currency, at that lime. 



Of NEW-JERSEY. 401 

at Boston for want of provisions, occasioned admiral nn 
Walker, in a letter to governor Dudley of Boston, to 
write, ' I concur with the opinion of all the sea and 
^ land officers here, that the government of this colony 
' have prejudiced the present expedition, instead of 
^ assisting it.' The fleet consisting of 68 vessels, and 
3463 troops ; anchored in the bay of Gaspee, on the 
south side of the entrance of tlie river St. Lawrence, 
to take in wood and water, on the 18th of the month 
called August, and the 23d in the night, contrary to 
the advice of the pilots, weighed anchor in a fog, fell Several 
in with the north shore, and lost 8 transports and 884 jog^'^^"^ 
men upon the island of Eggs : A council of war was 
<;alled, who resolved, that by reason of the ignorance 
of the pilots, it was impracticable to proceed, and 
that advice should be sent to recall general Nicholson 
from proceeding to Montreal ; which done, and the fleet Fleet re- 
returning, anchored in Spanish River, oif Cape Bre- 
ton, September 4; and there, in a council of war it 
was resolved, not to attempt any thing against Placen- 
tia, but to return to Great-Britain : They sailed for 

Enp-land September 16, and arrived at St. Helens the 

. Edffar 

16th of October : The Edgar, with the admiral's papers, blown up. 

Avas blown up : This prevented other particulars of the 

expedition transpiring; thus coucluded, at a great 

expence of men and treasure, an affair above three 

years in agitation. 

In 1712 died Thomas Gardiner, of Burlington, 1712. 
several times mentioned before ; he was well acquainted jj^g second 
with publick business, a good surveyor, and useful J.- G^r- 
member of society; several years one of the council, 
treasurer of the western division, and the first speaker 
of assembly after the union of the governments, East 
and West Jersey. 

The 7th of December, 1713, the governor called ^^jg 

the assembly, and next day informed them, tliat he Assembly 

_ ' meets. 

2 was 



402 The HISTORY 

A. D. was glad to see them after so long absence, and believecJ 
they were not sorry to meet him in so good company; I' 
that the tender regard her majesty had to their quiet^ 
in particular at a time when she had blessed the world 
with a general peace, called for their pious endeavours 
and could not fail of meeting the returns due from the 
most grateful people, to the best and most indulgent 
princes ; that he was persuaded the efforts of such as^ 
had been removed from places of trust by the queen^ 
at their request, would be too impotent to destroy the 
peace, by breaking that mutual confidence, or disturb- 
ing that harmony, that then subsisted between the 
several branches of the legislature; that full of this 
confidence, he recommended to their immediate care^ 
the providing for past arrears, and future support of 
her majesty's government, the discountenancing vice 
and immorality, the improvement of trade and encou- 
ragement for planting and peopling the province ; 
that this could not be better effected than by a law to- 
affirm and ascertain the respective properties of the 
proprietors and people, if they thought it practicable. 
That the gentlemen of the present council, having 
no views or interests differing from theirs, if they 
would agree to frequent and amicable conferences with 
them, or a number of them, upon all matters under 
deliberation, it would save much time and effectually 
disappoint all contrivances of their enemies; ' who in 

* return for their being at present no councellors, had 
' ridiculously endeavoured to persuade some that they 

* were no assembly.' 

,, The assembly replied, That they were indeed glad 

address. to meet him in such good company, and as the persons 

who 

I. Meaning the change of conncellors, William Pinhorne, Daniel 
Coxe, Pteter Sonmans and William Hall, had been suspended, and 
a mandamus since arrived, appointing John Anderson, Elisha Par- 
ker, Thomas Byerly, John Hamilton and John Keading 



Of new- jersey. 403 

■who had hitherto obstructed the welfare of their coun- A. D. 

1713 
try, were removed, they presum'd on the favour oftener 

than heretofore ; they acknowledged themselves under 

the greatest obligations to the best of queens, and 

hoped their actions would demonstrate they were not 

ungrateful. 

Among other bills passed this session, was that enti- 

tiled, ' An act that the solemn affirmation and declara- 

' tion of the people called quakers, shall be accepted 

' instead of an oath in the usual form, and for quali- 

' fying and enabling the said people to serve as jurors, 

' and to execute any office or place of trust or profit 

* within this province.' 

This bill was introduced by the governor's commu- 
nicating to the house the queen's instructions on that 
head, after it was fully adjusted by the council and 
asseml^ly ; the second enacting clause was thought to 
be designedly left out by the secretary, who had it to 
engross, it so passed the council without being per- 
ceiv'd ; but on reading it again in the assembly it was 
discovered, and the secretary making his acknowledge- 
ment at the bar of the house, it passed over : This act 
continued till the year 1732, and then was supplied by 
that now in force. 

Other laws also passed ; this session concluded to 
mutual satisfaction. 

' I thank you,' says the governor in his concluding 
speech to the house, ' for what has been done this sessions 
' for the support of this her majesty's government, and 

* do not doubt, but that you will receive ample thanks 
' from those who sent you, for the many good laws 
' that have been passed ; some things that in their nature 
' were acts of favour, I have agreed that they should 
' be made acts of assembly, that your share may be 
' greater in the grateful acknowledgment of your 

* country. I 



404 The HISTORY 

A. D. < I hope my conduct has convinced the world, (I 

*■ cannot suppose you want any further conviction) that 

* I have no other view than the peace and prosperity of 

* this province ; if such a i^^ as are enemies to both, 

* are not to be reduced by reason, I shall take the next 
*■ best and most effectual measure to do it. 

No historical occurrences intervening, we pass on to 
the year 1716. 

Governor Hunter met a new assembly at Perth- 
1716. Amboy, in the spring, who chose col. Daniel Coxe, 
speaker ;"i- being presented and accepted, the governor 
by speech informed them, 

That the dissolution of one assembly by the demise 
of the late queen, of another by the arrival of a new 
patent from the present king, constituting him governor 
of the province, and of a third by reason of a circum- 
stance well known, together with the long sessions at 
York, and his necessary attendance on the service of 
the frontiers, had been the occasion of putting off their 
meeting till now ; that on his part he brought with 
him a firm purpose for the advantage of the subject 
and service of the crown ; which, (says he) I have 

* ever pursued, and now bid a fair defiance to the most 
' malicious to assign one single instance in which I have 
*■ acted counter to what I now profess, notwithstanding 
*■ the false and groundless accusations and insinuations 

* to the contrary, from two persons on the other side, 

' who 

m. Tlie members, Town of Burlington, Daniel Smith, Samuel 
Smith. County of Burlington, Jacob Doujrhty. Jacob Hewlings. 
Gloucester, Colonel Daniel Coxe, Riohard Bull. Town of Salem, 
"William Hail, Henry Joyce. County of Salem, William Clews, 
Dickinson Shephard. Cape May, Jacob Spicer, Jeremiah BasB. 
J^ert.h- Amboy, William Eirs, John Harrison. Middlesex, John 
Klnsey, (^harles Morgan. Essex, Josiah Ogden, Joseph Bonnell. 
£erg'',n, David Akernian, Henry Brockholst. Monmouth, Elisha 
Lawrence, William Lawrence. Somerset, Benjamin Clark, Tho- 
jmas Hall. 



Of NEW-JERSEY. 405 

* who pretended to have been instructed from this ; A. D. 
■* which though they met with that contempt at home 
' they deserved, I could not without injustice to myself 
' let pass unmentioned here.' 

The assembly being now conven'd at Amboy, when 
it ought in turn to have been at Burlington, were deter- 
mined to remonstrate against the infring-ement of the 
usual custom of alternately meeting at each of those 
places, and accordingly represented to the governor, that 
in the year 1709, an act was passed, entitled, ' An act 
■^ for ascertaining the place of the sitting of the repre- 
■* sentatives, to meet in general assembly ;' that iu 
March, 1710, the aforesaid act was confirmed, finally 
enacted and ratified by her late majesty, with the 
advice of her privy council, and transmitted to him 
(the governor) by the lords commissioners for trade 
and plantations, the 16th of said month. 

That as they found themselves entirely inclinable to 
pay all due regard and obedience to his majesty's and 
the governor's commands, so they could not but think 
it their duty to maintain the known establish'd laws of 
the province. 

And as that law had the royal sanction, and had 
gone through all the usual forms both here and in 
Great-Britain, necessary to the confirming and perpe- 
tuating of it, they were of opinion it was still in force. 

The governor replied, That his majesty's instruc- 
tions, which were laws to him, having restored that 
affair to the just and equal footing upon which it was 
put by, and at the time of the surrender of the govern- 
ment by the proprietors, he could not give his consent 
to any alteration, or give way to anything that might 
elude the intent and purpose of that instruction without 
giving juster grounds of complaint against him, than 
he had hitherto given ; and that he had reasons of 

great 



406 



The history 



A. D. 

1716. 



Members 
refuse at- 
tending. 



great weight, made it impracticable for him to hold 
either council or assembly at Burlington, at this time. 

The dispute being principally founded on the new 
commission to the governor, upon the accession of K. 
George the first to the throne; the assembly thought 
proper to let it drop, and pursue what was before them 
at the place where they were then conven'd ; matter* 
however went heavily on ; the speaker disliked the 
governor, and influenced many of the members: The 
governor saw there was no prospect of their answering 
the design of their meeting at that time, so prorogued 
them. 

He summoned them to meet again at Amboy on the 
14th of May, when only nine members appearing they 
waited five days, and then presented an address, re- 
questing the governor would take such methods as he 
should see meet, to cause the absent members to attend 
the service ; he sent warrants to several of them, com- 
manding their attendance, as they would answer the 
contrary at their peril ; four presently appeared, and 
there being now thirteen met, the governor sent for 
them, and recommended their meeting at the house 
and choosing a speaker, (for their speaker was absent 
among the rest) in order to enable themselves to send 
their serjeant at arms for those that were still absent. 

The thirteen met the 21st, but the speaker still 
absent; they proceeded to a new choice, and placed 
John Kinsey in the chair. 

This done, and the new speaker presented, the gover- 
nor delivered his speech : 
' Gentlemen, 

* The last time you were here upon the like occasion, 

* I told you, that I thought fit to approve of whatever 

* choice you thought fit to make of a speaker : I now 

* tell you that I heartily approve of the worthy choice 

* you have made. 

*A» 



Of new- jersey. 407 

' As the conduct of that gentleman who last filled A. D. 
■* the chair, sufficiently convinced you of a combination 
^ between him and his associates, to defeat all the 

* purposes of your present meeting : I hope, and can- 

* not doubt but it will open the eye^ of all such as by 
■* his and their evil acts, and sinistrous practices, have 

* been misled and imposed upon ; so that for the 

* future, here they will not find it so easy a matter to 

* disturb the peace of the country. 

' I must refer you to what I said at the opening of 
' the assembly ; but harvest drawing near, I am afraid 
' you'll hardly have time for more business than what 
' is absolutely and immediately requisite ; that is the 
' support of the government, and the publick credit, 
' you know that the date of the currency of your bills 

* of credit is near expiring, so there will be wanting a 

* new law to remedy the evil that must attend the 

* leaving the country without a currency for ordinary 
^ uses, as well as trade. 

Egbert Hunter. 

The house then examined into the conduct of their 
late speaker, and the absent members, who on the 
question, were all at different times severally expelled, 
for contempt of authority and neglect of the service of 
their country, and writs issued for new elections. 

The 8th of next month soon after the speaker's 
exclusion, but before the other members were expelled, 
the assembly presented their address as follows : 

' May it please your excellency, 
* Your administration has been a continued series of 
'justice and moderation, and from your past con- 
' duct we dare assure ourselves of a continuation of it, 

* and we will not be wanting in our endeavours to 

* make suitable returns, both in providing a handsome 
■* support of the government, and of such a continuance 

* as may demonstrate to you and the world, the sense 
"* we have of our duty and your worth. 

^ 'The 



408 The HISTORY 

A. D. < The gentleman, our late speaker, has added this 

1716. i Qjjg instance of folly to his past demeanour, to con- 

' vince us and the world, that in all stations, whether 

' of a counsellor, a private man, or a representative, 

'his study has been* to disturb the quiet and tranquility 

* of this province, and act in contempt of laws and 
' government ; we are sensible of the effects it has had, 

* and may have on the publick peace ; and our expul- 
'sion of him, we hope evinces that we are not the 

* partisans • of his heat and disaffection to the present 

* government ; we are very sorry he has been capable 
' to influence so many into a combination with him, to 
*■ make effectual his ill purposes ; but we hope it is 

* rather the effect of weakness than malice, and that 

* their eyes are now so much opened that they'l return 

* to their duty, and join with us in providing for the 
' publick credit, and whatever else may make this pro- 

* vince happy, and your excellency easy. 

Next the assembly resolved, ' That the late members 

* whom they had expelled, should not sit as members 

* of the house if they should be returned on a new 

* election, during this sessions of assembly.' 

Notwithstanding this resolve, several of the same 
members were returned ; but refused seats in the house, 
and the electors obliged to choose over again. 

The governor then prorogued them to the 3d of 
October. In November the same house met at Cros- 
wicks,^-- the small-pox being at Burlington ; the gover- 
nor opened the business of this session by telling them, 
That supporting government and publick credit, re- 
quired their immediate deliberation ; that they knew 
the funds for the first had expired fifteen months ago, 
and that the other had suffered much by the obstinacy 
of some in refusing the payment of taxes, or remis- 

ness 

n. The true Indian name of this place \% supposed to be Closs- 
weeksung, a separation. 



Of NEW-JERSEY. 409 

ness in others in collecting; or puttino- the laws in exe- A. D. 

1716u 
cation, sufficient (if duly executed) to have answered 

the end, and in a great measure prevented or remedied 
that evil ; that he doubted not they were now met with 
a good disposition, as well as in full freedom, all clogs 
and bars being removed, to pursue to effect the good 
ends of their meeting, and to make good their engage- 
ments and promises in several addresses ; that the true 
interest of the people and government were the same ; 
to wit, a government of laws, that no other deserved 
the name ; that this was never separated or separable 
but in imagination by men of craft, such as were either 
abettors of lawless power on the one hand, or confu- 
sion and anarchy on the other ; that the first was not 
the case of this province, and we had well grounded 
hopes, that all endeavours towards the latter were 
ceased. 

This session proved long and fruitful : It held above 
two months ; sixteen publick and private bills received 
the governors assent. 

In 1718 died Samuel Smith, one of the members of 
assembly for Burlington ; he had sought happiness in 171&. 
the quiets of obscurity, but being against his inclination 
called to this and other publick stations, he passed thro' 
them with a clear reputation : In private life he was 
inoffensive, benevolent, steady and respected, «• 

This year was remarkable for an uncommon storm 
of hail : It fell larger than had been remembered before 
in the provinces, it killed many wild pigeons, and 
other birds, and did considerable damage. 

In 

0. He witli five of his brothers, John, Daniel, Joseph, Emanuel 
and Richard, and one sister, removed from near Bramham, in 
Yorkshire, at difl'orent times; but mostly in and about the year 
1691. Daniel served the publick several years faithfully in assembly, 
and died in 1742. Richard was 12 years one of the council, and 
died the latter end of 1750. 



410 The HISTORY 

A. D. In the beginning of summer 1742, another hap- 

pened with a strong gust of wind, accompanied with 
some rain and hail of very uncommon bigness ; in one 
house it was said to have struck 28 holes through the 
roof; the damage to the grain in some places was so 
great, that the farmers began to forbear selling their 
last year's stock, lest they should want bread ; at 
Amwell, a boy was said to be kill'd, and others very- 
much hurt. 

Such another happened in the spring 1758 : It came 
from the north, the hail in large stones continued for 
8 or 10 minutes, and abated gradually; it drifted in 
some ])laces 6 Inches think, it went in a vein as it com- 
monly does) about a mile and a half broad : The de- 
struction of green corn and gardens were great, and 
the trees had their young leaves shattered to pieces. 

In the spring governor Hunter again met the assem- 
bly at Perth-Amboy ; but at the desire of the members, 
their private affairs interfering, they were adjourn'd 
to the winter, when meeting he made a speech, setting 
forth : 

That the revenue was sometime since, expired ; 
that when this came under consideration, he desired an 
augmentation of the officers salaries ; that in former acts 
they were so scanty and so retrench'd from what they 
had been, that the officers were not enabled to per- 
form their respective duties. 

That the assembly of New- York, had passed an 
act for running the division line, betwixt this province; 
and that upon supposition, that another for the same 
purpose would be passed here; that the justice due to 
the proprietors and the disturbances among the people, 
made such a law immediately necessary ; that he had 
formerly recommended their providing for an agent 
at the court of Great Britain, and now repeated it; 

that 



Of new-jersey. 411 

that the lords commissioners for trade, had in several of A. D. 
their letters complained of tlie want of one ; that this 
was the only province in his majesty's dominions, that 
had none; that by means of this omission their business 
in England stood still ; that what could not be delayed 
without danger or loss to the publick, since his admini- 
stration had been negotiated by persons employed by 
him, at his own very great expence, which he hoped 
they would consider ; that as to projects of trade, he 
had no reason to change his opinion since they last met ; 
that to this subject he referred them on what he then 
spoke P- 

The assembly said in their address. That they were 
not insensible the present circumstances of the govern- Addreaa 
ment as well as of the country, made their meeting 
necessary, notwithstanding the rigour of the season ; 
that they were not unmindful that the revenue was 
expired, nor of their duty in a reasonable support; 
that they were willing to pass an act for running the 
division line betwixt this province and New York ; but 
conceived 'the expence of that affair belonged to the 
proprietors of the contested lands ; that they were very 
sensible an agent for the province at the court of Great 
Britain, was very necessary, but were sorry the cir- 
cumstances of the province, Avere such, that they 

could 

p. The paragraph was as followeth : 

' As for the measures of advancing or rather for giving a being to 
'trade amongst )'on, the generality of you has shewn such aversion 
* to solid ones ; and others such a fondness for imaginary or 
'ruinous ones, that without a virtue and resolution of serving those 
'you represent against their inclination, your endeavours will be to 
'little purpose; but if any thing of that nature fall under delibera- 
^ tiou, I cannot think of a better guide, than a just inspection into 
■"the trade in other provinces, where it is in a good and flourishing 
'condition, the means by which it became so, can be no mystery; 
'where it is otherwise, or has decayed, you will find the true 
' cause of such decay con^^picuous : And it is but a rational conclusion, 
■'that what has form'd trade or that on which it depends, credit in 
' one place cannot but be the most proper means either to begin it 
^or preserve it in another.' 



412 The HISTORY 

A. D. could not make a suitable provision for so useful aa 
officer ; and that they would readily come into any 
measures that might be effectual to promote the trade 
and prosperity of the province. 

Tills session produced eleven publick and private 
bills, among them -svas one for running and ascertain- 
ing the division line betwixt New-Jersey and New- 
York ; but this act was never put in execution further 
than fixing the north partition point ; this was done 
by indenture made the. 25(h of July, 1719, between 
R. Walter, Isaac Plicks and Allane Jarrat, surveyor 
general, on the part of New-York ; John Johnston 
and George Willocks, on behalf of East-Jersey ; 
Joseph Kirkbride and John Reading, on behalf of 
West-Jersey, and James Alexander, surveyor general, 
on behalf of both East and West-Jersey ; these com- 
missionei*s and surveyors duly authorized, met at the 
place, and after many observations of the latitude, unani- 
mously by the deed aforesaid, fixed the north partition 
point on the nothermost branch of Delaware; which 
they found to be that branch called the Fish-Kill : This 
done, the commissioners for West-Jersey thought they 
were not further concerned ; the others, though both 
greatly interested in having it settled, left it an uncer- 
tainty till 1764, when by acts of assembly of both 
colonies, it was referred to be finally settled and deter- 
mined by commissioners to be appointed by the crown. 

Another act pass'd now, was that for running and 
ascertaining the line of division between East and West 
Jersey ,7- the conditions here not hitherto complied with, 
this line remains in the same uncertainty the act left 
it ; still a subject of inconvenience and anxiety to many, 
and seems to call for exertion in those with whom the 
powers to settle it, are properly lodged. 

The 

q. Vid. Laws of the province, vol. 1, p. 63, &c. 



Of NEW-JERSEY. 413 

The beginning of the summrr this year afiForded a A. D. 
fair prospect of a plentiful harvest, much was expected ' * 

from a great crop in the ground ; a day or two in the Wet har- 
beginning proved good weather, but before the grain 
was secured, showers of rain and a few hours sunshine 
constantly succeeded each other; clouds at first small 
in appearance, spread widely and filled the furrows : 
the intervals of sunshine encouraged opening the shocks, 
but were not long enough to dry them ; after several 
weeks came two days and a half fair weather ; what 
could be dried and sav'd was now done, the rain then 
began again, and continued day after day as before, 
alternate rain and sunshine for near three weeks, so 
that single ears of corn standing, grew ; thus it con- 
tinued till the grain was generally reaped, several lost 
their corn entirely, others saved but little ; this was 
what is called the wet harvest. 

We are now come to the end of governor Hunter's 1720. 
administration, he resigned in favour of William 
Burnet (son of the celebrated bishop) and returned to Governor 
England ; he had a ready art at procuring money, ^^''^^^'^ ^®* 
few loved it more ; this foible 'tis said drew him into 
schemes, gaming, and considerable losses ; tho' not 
in all respects accomplished : His address here was en- 
gaging and successful, he assented to most of the laws 
the people wanted, and fiU'd the offices with men of 
character. He had before, so early as the year 1705, 
been appointed lieutenant governor of Virginia, under 
George earl of Orkney, and was on his voyage thither 
taken prisoner to France. 

The assembly at the sessions last mentioned, fixed 
for salary and incidental charges 600/. per annum. Salary. 
for two years this had been the accustomed supjDort, 
since the surrender, except once in lord Cornbury's 
time, 500/. was provided in the succeeding administra- 
tions, 



414 



The history 



A. D. 

1720. 



Governor 
Burnet. 



1721. 



Speech. 



tions, till Lewis Morris, came governor of New- 
Jersey, separate of New- York ; when it was augmented 
to 1000^. per annum, and 601. house rent, with 
500^. addition the first year, for expences attending 
his voyage, &c. 

Governor Burnet »*• met the assembly soon after his 
arrival, but little business was then thought necessary, 
nor did they very well agree ; that house had been 
continued a long time, and were now dissolved, and 
writs issued for a new election. 

The members returned, were convened early in the 
spring, 1721 ; they chose dr. John Johnston, speakers- 
The governor's speech. 
' Gentlemen, 

' The choice which the country has made of you to 

* represent them, gives me a happy opportunity of 
' knowing their sentiments ; now when they have been 

* fully informed of mine in the most publick manner, 

* I have no reason to doubt, that after so much time 

* given them to weigh and consider every particular, 

* you bring along with you their hearty resolutions to 
' support his majesty's government, in such an ample 
*and honourable manner as will become you to offer, 

* and me to accept ; and in doing this. I must recom- 

'rnend 



r. The members of council in his instructions were, Lewis Morris, 
Thomas Gordon, John Anderson, John Hamilton, Thomas Byerly, 
David Lyell, John Parker, John Wills, John Hugg, John John- 
Bton, jun. John Beading, Peter Bard. 

8. The members of this house were: Town of Perth- Amboy, John 
Johnston, Andrew Bedford. County of Middlesex, John Kinsey, 
Moses Bolph. Somerset, Bobert Lettis Hooper, Thoams Leonard, 
Essex, Josiah Ogden, Joseph Bonnel. Bergen, William Provost, 
Isaac Vangezon. Monmouth, William Lawrence, Garrat Schank. 
Town of Burlington, John Allen, Jonathan Wright. County of 
Burlington, William Trent, Thomas Lambert. Gloucester, Samuel 
Cole, John Mickell. Town of Salem, John Mason, Thomas 
Mason. County of Salem, Isaac Sharp, Bartholomew Wyatt. Caps 
May, Humphrey Hughes, Nathaniel Jenkins. 



Op NEW- JERSEY. 415 

mend to you, not to think of me/- so much as of A. D. 
the inferior officers of this government, who want ^^■^^' 
your care more, and whose salary have hitherto a- 
mounted to a very small share of the publick expence. 
I cannot neglect this occasion of congratulating you 
upon the treasures lately discovered in the bowels 
of the eiirth, which cannot fail of circulating for 
the general good, the increase of trade, and the 
raising the value of estates ; and now you are just 
beginning to taste of new blessings, I cannot but 
remind you of those which you have so long enjoyed, 
and without which all other advantages would but 
have encreased your sufferings, under a Popish king, 
and a French government. 

' You can ascribe your deliverance from these, to 
nothing but the glorious revolution, begun by king 
William the third, of immortal memory, and com- 
pleated by the happy accession of his present majesty 
king George, to the throne of Great-Britain, and 
his entire success against his rebellious subjects at 
home, and all his enemies abroad. 

' To this remarkable deliverance, by an over-ruling 
hand of providence, you owe the preservation of 
your laws and liberties, the secure enjoyment of your 
property, and a free exercise of religion, according 
to the dictates of your conscience : These invaluable 
blessings are so visible among us, and the misery of 
countries where tyranny and persecution prevail, so 
well known, that I need not mention them, to raise in 
your minds the highest sense of your obligations to 
serve God, to honour the king, and love your 
country. 

W. Burnet. 

The 

t. Whether an alteration in sentiment, or instructions, or both 
was the cause, must be left to conjecture ; but while governor of the 
Massachusetts Bay, his conduct was different; there he insisted for 
several years with the greatest firmness on an indefinite support, and 
pursued it through the plantation board, privy council, and to the 
parliament, where his death prevented its coming to a conclusion. 



416 



The history 



A.D. 

1721. 



The assembly's address. 
* May it please your excellency : 
' We gladly embrace this opportunity, to assure your 
'excellency, that our sentiments and those we repre- 
' sent, are one and the same, chearfully to demonstrate 

* our loyalty to our sovereign king George, and sub- 

* mission to his substitute, and readiness to support his 

* government over us in all its branches, in the most 

* honourable manner the circumstances of this pro- 
' vince will allow ; which we hope your excellency will 

* accept of, tho' it fall short of what the dignity of his 

* majesty's governor and the inferior officers of the 

* government might expect, were the province in a 
' more flourishing condition. 

* We thankfully acknowledge your excellency's con- 

* gratulation, and doubt not when the imaginary trea- 

* sures (except mr. Schuyler's) becomes real, the coun- 

* try will not be wanting in their duty to his majesty in 

* making your excellency, and the officers of the 

* government partakers of the advantage. 

' We doubt not but your excellency will extend your 

* goodness to countenance any proposal that may tend 

* to the publick yitility. 

* We hope your excellency will excuse us in falling 

* short of words, to express our thankful acknow^- 

* ledgements to God Almighty and those under him, 

* who have been instruments in working deliverance 

* to that glorious nation to which we belong, from 

* popery, tyranny and arbitrary power, wishing it may 

* always be supplied with great and good men, that 

* will endeavour their utmost to maintain his majesty's 

* royal authority, and assert and defend the laws, 

* liberties and properties of the people, against all 

* foreign and domestic invaders. 

' We beg your excellency to believe the sincerity of 

* our thoughts, that there are none of his majesty's 

* subjects that entertains hearts more loyal and aifecti- 
■* onate, and desire more to testify their duty, gratitude 
'and obedience to their sovereign king George, his 

' issue, 



Of NEW- jersey. 417 

^ issue, and magistrates in their respective degrees, than A. D. 
' doth the representatives of his majesty's province of -^^^^^ 
' New-Jersey. John Johnston, speaker.' 

Sundry bills were prepared this sessions, among these, 
one had a title too singular to be omitted, An ad against 
denying the divinity of our saviour Jesus Christ, the doctrine ui^^^\\ 
of the blessed trinity, the truth of the holy scriptures, and 
spreading atheistical boohs : Assemblies in the colonies 
have rarely troubled themselves with these subjects, 
perhaps never before or since ; it probably arose from 
the governor's motion, who had a turn that way, and 
had himself wrote a book to unfold some part of the 
apocalipse ; the bill was however rejected on the second 
reading in the assembly : The sessions continued near 
two months, the support was settled 500/. a year, for 
five years ; the governor after passing that, and several 
other bills, dismissed the house with the following 
speech. 

' Gentlemen, 

' I have so many reasons to thank you for your pro- 5, , . 
' ceedings in this affair, that should I mention them dismissing 
'all, time would not suffice me; two I cannot but the assem- 
' acknowledge in a most particular manner; the acts ^^y* 
' for the chearful and honourable support, and for the 
' security of his majesty's government in this province. 

' I cannot but say, that I look upon the latter as the 
' noblest present of the two ; as I think honour always 
' more than riches : The world will now see the true 
' cause of our misunderstandings in the last assembly, 
' and that we met in the innocency and simplicity of 
' our hearts : that the enemy had sown such seeds of 
' dissention among us, that defeated all our good ])ur- 
' poses, and made us part with a wrong notion of one 
' another. 

' It has pleased God now to discover the truth, and 

* no man in his sober senses can doubt that the hand of 
' Joab was then busy, as it is now certain that it has at 

* this time. ' It 

2d 



418 



The history 



A. D. 

1721. 



' It is a peculiar honour to me to be thus justified 
in all ray conduct by the publick act of the whole 
legislature ; and God knows my heart, that I am not 
fond of power, that I abhor all thoughts of revenge, 
and that I study to keep a conscience void of offence 
towards God and towards man. 

' After the publication of the acts, I desire you to 
return to your house, and after having entered this 
speech in your minutes, to adjourn yourselves to the 
first day of October next ; that tho' it is not probable 
we should meet so soon, it may not be out of our 
power if occasion should be. 

' May 5, 1722. W. Burnet.' 

Governor Burnet, after this, continued to preside 
over New- York and New-Jersey, till 1727; when he 
was removed to Boston, and succeeded by John Montgo- 
merie. Esq; he continued till his death, which happened 
in the summer 1731 : To him succeeded William Cosby, 
Esq; he continued till his death in 1736 : The govern- 
ment here then devolved on the president of the council, 
John Anderson, Esq; he died about two weeks after- 
wards, and was succeeded by John Hamilton, Esq; 
(son of Andrew Hamilton, governor in the proprietors 
time) he governed near two years. In the summer, 
1738, a commission arrived to Lewis Morris, Esq; as 
governor of New- Jersey, separate from New- York ; 
he continued till his death in the spring 1746 ; he was 
succeeded by president Hamilton ; he dying, it devolved 
upon John Reading, Esq; as the next eldest councellor; 
he exercised the office till the summer 1747, when 
Jonathan Belcher, Esq; arrived; he died in the sum- 
mer 1757, and was succeeded by John Reading, Esq; 
president. Francis Bernard, Esq; arrived governor 1758 ; 
was removed to Boston, and succeeded here by Tho- 
mas Boone, Esq; in 1760; he was removed to South- 
Carolina, and succeeded here by Josiah Hardy, Esq; 

iu 



Of new-jersey. 419 

in 1761 ; he was removed, and afterwards appointed A. D. 
. . . 1721 

consul at Cadiz, &c. and succeeded here in the spring 

1763, by the present governor, William Franklin, Esq. 



CHAP. XXII. 

Occurrences since the year 1721. 

HAVING now gone through the accounts pro- 
posed to the limited period ; what follows are 
partly matters incidental ; the rest tho' not a regular 
course of events, nor perhaps more important than 
others omitted, may nevertheless assist in a future 
Volume, and in the mean time possibly be of some 
historical service here. 

December 29, this year, died William Trent, Esq ; 'i-'^H. 
chief justice of New- Jersey : He was several years 
member, and part of the time speaker of the assembly ; 
ana being a large trader at Trenton, when that place 
was laid out for a town, it from him took its name, 
being before significantly called Little- Worth : He had 
been also speaker of the assembly of Pennsylvania ; he 
bore the character of a gentleman. 

In November a small earthquake was felt, it began I'^o. 
between the hours of ten and eleven at night. 

In this year the following act was passed, which 
tho' but short, will probably hereafter be found of 
great importance. 

' An act for the limitation of actions, and for 
' avoiding suits in law. 

' For quieting men's estates and avoiding of suits : 
' Be it enacted by the governor, council, and general 
* assembly of this province, and it is hereby enacted 
*by the authority of the same, That all the statutes 
'now in force, in that part of Great-Britain, rallied 

' England, 



1727. 




<u 

c 

O 

3 
O 

_o 
-a 

u 
u 

3 






3 
CI, 

a. 



u 



420 



The history 



A. D. 

1727. 



1728. 



Extracts 
from the 
assembly's 
minutes 
on the sub- 
ject of a se- 
parate go- 
vernment. 



* England, concerning the limitation of actions, real and 

* personal, shall, and are hereby declared to be in force 
' in this province from the publication hereof, as fully 

* and effectually, as if every of them were herein at 
' length repeated and enacted ; any law, usage or 
' custom to the contrary in any wise notwithstanding. 
Extracts from the proceedings of the house of assem- 
bly of the colony of New-Jersey, John Montgo- 
merie. Esq ; governor. 

'Die Jovis, 9th of January, 1728. A motion being 
' made, whether the having a distinct governor for New- 

* Jersey, be in the opinion of the house for the advantage 

* of the province, or not ? A debate arising thereon, 
' and the question being put, the previous vote was 
' demanded, whether that question be now put or not ? 

* it Avas carried in the affirmative ; and then the question 
' was put, whether the having a distinct governor for 
' New-Jersey, be in the opinion of the house, for the 
'advantage of the province, or not? it was carried in 

* the affirmative : Then the house adjourned till three, 

* o'clock, P. M. 

' Three o'clock, P. M. the house met according to 

* adjournment. Resolved nemine contradicente, that 

* the house will enter into consideration, what may be 

* the most effectual method for obtaining a distinct 

* governor for this province hereafter ; and it is ordered, 

* that mr. Kinsey, mr. Stacy, mr. Lambert, mr. Eaton, 

* mr. Sonmans and mr. Bonnell, wait on his excellency 

* and council, with this and the last resolve, and desire 

* their concurrence therein, and a conferrence touching 

* the manner most likely to effect it ; and withal, to 

* signify to the governor and that board, that it is in 

* no wise the intention of this house, to give him the 

* least uneasiness (were it in their power) during the 

* time he may continue in commission ; but only to take 

* such measures as may best conduce to the end afore- 

* said, when his commission may determine by the 
' king's pleasure or otherwise j and this they conceive 



O F N E W - J E R S E Y . 421 



A. D. 

1728. 



■* a duty incumbent upon them : Then the house ad- 
•*journ'd till to-morrow, nine o'clock, A. M. 

* * To the king's most excellent majesty. 

* The humble petition of the representatives of the 

* province of New-Jersey, in America, in general 

* assembly convened. 

' Most gracious sovereign, 
' We, your majesty's most loyal and dutiful subjects, 

* the representatives of your province of New-Jersey, -pheir 

* in general assembly convened, by the early care your petition to 

* majesty has been pleased to shew for the general benefit ^^^ '^'"S- 
^ of all your people, are animated to believe, that 

^ nothing which may contribute to the advantage and 
^ prosperity of this, (thougli small and distant) part ot 
"* your dominions, will be denied us ; we therefore beg 
' leave tlms to approach your royal presence, in discharge 

* of that duty we owe to your majesty and to our coun- 
' try, in the most humble manner here to represent: 

* That the inhabitants of this colony, (formerly a 
'' proprietary government) since the surrender thereof 

* to the crown, liave always been under the same go- 

* vernor with your majesty's province of New- York; 
■* that we humbly apprehend it would much more 
' conduce to the benefit of this province, and no pre- 
"'judice to that of New- York, were their governors, 
■* as are the governments, distinct. 

* It is a peculiar happiness many of our fellow sub- 
' jects enjoy, to be near your royal person, and to par- 
^ take of the immediate influence of so good a govern- 
' ment; but since our distance deprives us of that great 

* benefit, it might, (we humbly conceive) in some 
' degree be recompenced, by having a person cloathed 
' with your majesty's authority constantly residing 

* amongst us : This we cannot expect while under the 
' same governor with New- York ; that government 
' necessarily taking up so much of our governor's time, 

* that but a small part of it can fall to our share ; and 
"* his residence being chiefly there, renders applications 



422 



The history 



to hira from hence, on ordinary occasions, difficult 
and in extraordinary cases (however Avilling) he may 
be unable to relieve until the affairs of that province 
will permit his coming into New-Jersey. 

' Under the like difficultias, (and for the like reason) 
we have laboured in respect to our principal officers, 
who have formerly been inhabitants of that colony ; 
which not only renders them less useful in their several 
stations, but by spending their salaries there, drained 
us of money, which would otherwise have circulated 
amongst us. 

' Our having the same governor with the colony of 
New- York at first, was (as we humbly conceive) 
because this province was then in its infancy, the inha- 
bitants few, and it might justly have been thought 
too heavy a burthen to maintain a governor of our 
own ; but since we are now much more numerous and 
are as able and willing to support one, as divers of 
our neighboring colonies, who enjoy that benefit;, 
we are humbly of opinion, the granting this colony 
such a governor, might tend to encrease our wealth, 
and put us in a condition to emulate our neighbours 
in trade and navigation. 

' We entreat your majesty to believe, that nothing 
we here say, proceeds from any dissatisfaction to our 
present governor ; on the contrary, we are well pleased 
with his government, and desire it may continue 
during your royal pleasure; but all we humbly ask, 
is, that when your majesty shall think fit to put a 
period to his government, you will then graciously 
condescend to bestow a distinct governor on this your 
colony of New-Jersey. 

* That your majesty may long live to enjoy the crown 
you wear, with ease and delight, exceeding in honour 
your illustrious ancestors ; that when you part with 
an earthly diadem, it may be to receive a crown more 
permanent and glorious, and that Great-Britain and 
these your dominions, may be always happy in a 
sovereign, whose virtues are so conspicuous (as in 

'duty 



Of NEW -JERSEY. 423 

■* duty we are bound) shall be the prayers of, may it ^^ ^' 
"* please your majesty, ^'^°* 

' Your majesty's most dutiful and most loyal subjects. 
By order of the house, 

' John Kinsey, jun. speaker/ 

'Divers of the members of this assembly "being of the people 
' called quakers, concur to the matter and substance of this address, 

* but make some exception to the stile.' 

Report of the lords of trade, relating to the separating Report of 
the government of the province of New-Jersey, Lords of 
from New- York. Trade. 

* To the right honourable the lords of the committee 

* of his majesty's most honourable privy council. 
My Lords, 

' We have considered the humble petitions of the 
^ president and council, the speaker, and several mem- 
■* bers of the assembly, of his majesty's province of 
^ New- Jersey ; of the grand jury of the said province, 

* and mr. Richard Partridge, agent for New-Jersey ; 
^ together with two other papers annexed to the last 
^ mentioned petition ; all of them referred to us by 
^ your lordships on the 24th day of May last ; humbly 
^ praying, for the reasons contained, that when his 
^ majesty shall nominate a governor for the province of 

* New- York, the province of New-Jersey may not be 
^ included in his commission, but that his majesty 

* would be graciously pleased to appoint a separate 
^ governor for the said province of New-Jersey. 

We have considered the reasons given by the peti- 
^ titioners for this separation, and upon the best in- 

* formation we have been able to procure, we take 
^ leave to acquaint your lordships, that the allegations 
^ of the several petitions appear to be of great conse- 

* quence ; and we cannot doubt but that a separate 
^ governor, whom the province is willing to support, 

* would be a means to give a quicker dispatch to their 
^ publick affairs, to increase tlieir trade and number 

* of people, and very much advance the interest of the 
^ province. 

' Wherefore 



424 The HISTORY 

A. D. ' Wherefore we are humbly of opinion, that his ma- 

1728. 'jesty may be graciously pleased to comply with the 
' prayer of these petitions. 

• We are, my lords, your lordships most obedient 
' and most humble servants. 

T. Pelham. 
Whitehall, Aug. 5, 1736. Orl. Bridgman. 

Ja. Brudenell.' 

In this year died John Hugg, Esq ; of Gloucester 

1730. County : He was about ten years one of the council : 
Riding from home in the morning, he was supposed 
to be taken ill about a mile from his house ; when 
getting off his horse, he spread his cloak on the ground 
to lie down on ; and having put his gloves under the 
saddle girth, and hung his whip through one of the 
rings, he turned the horse loose, which going home, 
put the people upon searching, who found him in this 
circumstance speechless ; they carried him to his house, 
and he died that evening. 

In the spring this year, died in an advanced age, 

1731. John Barclay, brother of Robert Barclay the apologist ; 
He bore the character of a good neighbour, and was 
serviceable to the publick in several capacities; but more 
particularly in Amboy, where he lived and died : He 
came over early among the Scotch settlers to East- Jersey. 

On the 5th of September, about noon, a small 
shock of an earthquake was felt. 

On the 6th of September, died in the seventy-first 
year of his age, dr. John Johnston, of Amboy : He 
was an early settler in East- Jersey ; 13 years member 
of assembly, and ten of the time speaker ; he went 
through several other important offices with reputation. 
In his practice as a physician, he was knowing and 
useful, and did many charitable acts; for the poor 
were generally the object of his particular care. 

In 



1782. 



Of new-jersey. 425 

In the spring this year, died Peter Sonmans : He A. D. 
was sometime one of the council for New- Jersey, ap- 
pointed by queen Anne ; but being suspended, he was 
afterwards twice chosen in the assembly for Bergen ; 
he was agent to some of the proprietors of East-Jersey, 
surveyor general there, receiver of the quit rents, and 
ranger of the forests, as well as sea coasts, &c. He 
was son to Aarent Sonmans, one of the states of Hol- 
land ; who having purchased a considerable share of 
propriety in East-Jersey, had intended to have come 
over ; and embarking for that purpose, arrived in 
England ; and riding in company with Robert Barclay 
for London, was shot by a highway-man, supposed 
to be an effect of the party confusion in Holland, re- 
lating to De Wit : His estate falling to Peter, he be- 
came a great proprietor : He had before finished 
his studies at Leyden, and had borne considerable 
offices in England, under king William : About 1705 
he came over hither to settle, it being his second 
voyage : He continued much engaged in the business 
of his offices; but being no oeconoraist, he was 
greatly embarrassed in his private affairs : We have 
before seen by the publick charges, other imputations 
he lay under. He published a long vindication of his 
character; but with what success, is a question not 
now easily resolved. 

In November this year, came to these provinces, 1737. 

by land from Boston, (where he had arrived from 

London) Sheck Scidit, a native of Berytus, in Syria, 

(about 60 miles north of Jerusalem.) He was said to 

be Prince of Syria ; but the credentials he produced 

under the sign manual and privy signet, called him 

Unus ex nobilibus civitatis Beri/tas ; having letters of 

safe passport, and recommendation to the charity of 

those where he past. 

He 



426 The HISTORY 

A. D. He was reported to have suffered much for his 

1737 .... 

religion in his own country, being by profession a 

member of the eastern church, tho' situate under the 

Mahometan or Turkish government, and a tributary 

prince of that empire : His pretence was, 

That a greater quota of soldiers was exacted from 
him than he was able to furnish, having other tribute 
to pay, and his country, by several years distress from 
locusts, and blasts of other kind, so impovershed, 
that both quota and tribute could not be collected ; 
That the grand seg-nior taking; umbrao;e at tliis, 
sent for his head ; of whicli he, by means of the 
Czarian ambassador, having received priv^ate intelli- 
gence, fled to the Czarina's court ; That in the mean 
time his country was seized, and his wife and children 
kej)t prisoners : while there, the Czarina gave him 
expectations, that in her treaty with the Turks, she 
would take care and provide for him when peace 
was made : That after some stay at the Russian court, 
he obtained letters recommendatory to their ambassador 
at London ; and being by his means, taken notice of, 
' he obtained the credentials aforesaid, with which he 
travelled througli most of the corporations in England, 
where it was thought he collected two thirds or three 
fourths of what was due from him to the grand segnior j 
but was nevertheless encouraged to come to America, 
where he also received considerable. 

Contributions wei-e made for him in New- York and 
New- Jersey ; he was every where received with distin- 
guished respect ; it was said, lie received from the diffe- 
rent congregations in and about Philadelphia, two 
hundred and fifty pounds. 

He was a well proportioned lusty man, with a grave 
aspect, and clothed after the eastern manner, with a 
turbant on his head, and wore whiskers, spoke and 
wrote the arabick language; his conversation and 

deportment 



Of NEW-JEPvSEY. 427 

•deportment was graceful and easy, and seemed to A. D. 
be-speak him of a noble education. ' ' 

At Philadelphia he met with a handsome entertain- 
ment, his expences were borne while he stayed, and 
provision was made for him in the vessel he went. 

The 7th of December, this year, at night, was a 
large shock of an earthquake, accompanied with a 
remarkable rumbling noise; people waked in their 
beds, the doors flew open, bricks fell from the chim- 
nies; the consternation was serious, but happily no 
great damage ensued. 

In this year died Robert Lettice Hooper, Esq; chief 1738. 
justice of New- Jersey ; in which post he had continued 
many years with a good character. 

In the spring this year, died at Trenton, Daniel 1739. 
Coxe, Esq ; one of the justices of the supreme court : 
He was son of the great proprietor and governor dr. 
Coxe, of London : He had gone through several other 
publick offices in New-Jersey, to which, from his 
father's character and influence, he came with great 
advantages : His differences with governor Hunter, 
and the assembly, and the share he had in the publick 
transactions, being all occasionally related before, 
renders further addition here unnecessary. 

About the 22d of the month called February, ap- 1741. 
peared to these provinces, in the east, and continued 
upwards of six weeks, a comet or blazing star, with 
a long bright tail ; it was supposed to be near the 
equinoctial at its first appearance, but moved five 
degrees near north, in twenty-four hours, and continued 
moving till it disappeared ; towards the last it was very 
much encreased in length of tail and bigness. 

In 



428 



The HISTOEY 



A. D. 

1746. 



In the spring this year, died Lewis Morris, Esq; 
governor of New- Jersey : To our relief, we find his 
character in great part already drawn, by an able 
hand,"- to whom we have before been obliged : ' He 
was a man of letters, and tho' a little whimsical in his 
temper, was grave in his manners, and of penetrating 
parts; being excessively fond of the society of men 
of sense and reading : He was never wearied git a 
sitting, till the spirits of the whole company were dis- 
sipated. From his infancy he had lived in a manner 
best adapted to teach him the nature of man, and to 
fortify his mind for the vicissitudes of life : He very 
early lost both his father and mother, and fell under 
the patronage of his uncle : Being a boy of strong 
passions, he gave frequent offence to his uncle, and 
on one of these occasions, through fear of his resent- 
ment, strolled away into Virginia, and thence to Ja- 
maica, in the West-Indies ; where to support himself, 
he set up for a scrivener : After several years spent in 
this vagabond life, he returned again to his uncle, 
who received the young prodigal with joy. In New- 
Jersey, he signalised himself in the service both of the 
proprietors and the assembly ; the latter employed 
him to draw up their complaint against my lord 
Cornbury, and he was made the bearer of it to the 
queen : Tho' he was indolent in the management of 
his private affairs, yet through the love of power, he 
was always busy in matters of a political nature ; and 
no man in the colony equalled him in the knowledge 
of the law, and the arts of intrigue. He was one of 
the council of New-Jersey, and a judge of the supreme 
court in 1692. Upon the surrender of the govern- 
ment to queen Anne, in 1702, he was named to be 
governor of that colony, but the appointment was 
changed in favour of lord Cornbury, the queen's 
cousin.' He 



u. History of New- York, p. 125, 126. 



Of new-jersey. 429 

He was several years cl.ief justice of New- York, A. D. 
and a member of assembly there ; in whatever post he 
is named, activity must be supposed ; for he was among 
the foremost on all occasions ; he was the second coun- 
cellor for New-Jersey, named in lord Cornbury's in- 
structions; suspended by him in 1704; restored by 
tlie queen, and suspended a second time in the same 
year; was chosen in the assembly here in 1707, re-ap- 
appointed of the Council in 1708; suspended by the 
lieutenant governor Ingoldsby in 1709 ; appointed 
again in 1710, and so continued till 1738, when he 
succeeded Cosby as governor of New-Jersey, separate 
from New- York : The proceedings during his admi- 
nistration in tliis capacity, will be found the labour of 
many pages ; but too voluminous to have justice done 
them in an abridgement here ; his favourite monopoly 
of doubts and disputation, however amusing in me- 
chanical and metaphysical subtilties, but illy agreed 
with the dispatch and management necessary in a 
publick station ; accordingly the whole transactions 
of that period are chequered with great variety of 
debates, some of them curious ; qualified to hold up a 
side from long experience, no argument he thought 
proper to espouse, was to be yielded, unless mathemati- 
cally wrong; in this but few apparent convictions 
attended, either for want of candour in acknowledging, 
or antagonists sufficiently skilled in the science : Had 
those who managed the controversy against him, 
found patience enough to have let his own arguments 
gone to their proper lengths, they had probably some- 
times gained their points, and saved themselves gi'eat 
fatigue in attendance, and the expence it often occa- 
sioned ; but having a trust, they opposed, refused, and 
disputed his measures ; he replied, rejoined, and de- 
murred, and kept them in unmanly suspence and at- 
tendancies for months together, with scarce a i^rospect 

or 



430 



The HISTOEY 



A. D. 

1746. 



or means of accommodation ; and yet nothing but that 
to do; frequent formal angry dissolutions ensued, in 
which nothing was gained but increasing firmness in 
the points contested, and a popular turn against the 
government. In this uncertainty things were left at 
his death, and restored to their original footing in the 
next administration : But whatever were his faults, it 
must be remembered, that the province owed much to 
his early patriotism and abilities ; scarce an instance of 
inordinate love of money is to be found in his private 
conduct; he inherited a large estate from his uncle, and 
appeared moderate in adding to it : He was besides in 
his way, a kind husband, and indeed had uncommon cause 
to be so ; an affectionate parent ; had the satisfaction of 
a promising offspring, and lived to see most of them 
married : The following are extracts from the singular 
preamble of his will : 

' In the name of God amen : God's will be done ; 
but what I will or desire should be done after my 
decease, and how I would have what estate God has 
been pleased to bless me with, disposed of, is contained 
in what follows : But before I give any directions 
concerning the disposition of my body or estate, I 
think it my duty to leave the following testimonial 
of my sense of the goodness of God to me, in pro- 
tecting and wonderfully preserving of me, from my 
infancy to this present time, now in an advanced age. 
My mother died when I was about six months old, 
and my father not long after, in New- York, where 
I was left an orjihan, entirely in the hands of stran- 
gers, who were appointed by the government to take 
care of me. Sometime after that, the Dutch took the 
place, and I was put by their magistrates into the 
hands of trustees, by them appointed to take care of 
me, and of what effects their soldiers had left unplun- 
dered ; and after the surrender of New- York to the 
English, my uncle came into these parts of America, 
and kindly took care of me until I came to man's 

' estate ; 



Of NEW-JERSEY. 431 

estate; and he then dying, what he had fell into my A. D. 
hands, being his sole and only heir. He had made •^''^°* 
a will, in which were found several material interlina- 
tions and erasures ; which will, when exhibited before 
the governor and council of New-York to be proved, 
of six subscribing witnesses to the said will, only two 
of them could make oath in due form of law ; and 
they knew nothing of those erasures and interlina- 
tions; and one William Bickley, a quaker, who 
wrote the will, said, that he wrote the will, and made 
them ; but knew not why they were made. My uncle 
by that will having bequeathed his plantation over- 
against the town of Haerlem, to his wife ; but for what 
estate, did not appear; the words being scratched or 
erased out so as not to be read, and instead of what was 
so erased, there was after the words, Mary Morris, 
(whicli was the name of his widow) these words, viz. [her 
heires and assignes foi^ever, the lands thereof) interlined. 
The widow died about a week after her husband, (the 
will having been in her and Bickley's keeping all that 
time) and after, or about the time of her death, I was 
told of this erasure by Miles Forster, one of the execu- 
tors in the will named. This will was dated the 12th of 
February, 1690, but a little before my uncle's death, 
and exhibited for proof the 15th of May following, 
at which time the erasure, and reason for making of 
it, must have been fresh in the memory of the writer, 
who declared he knew of it; and must have been 
fresh in the memory of the witnesses, had any such 
thing been shewn unto them. That Bickley should 
know of, and make this erasure and interlination, 
and not know or remember the reason of making it 
in so short a time after it was done, appeared strange 
to all present; and most were of opinion, that the 
words erased out, were of different import from those 
interlraed, or there had been no necessity for making 
the erasure and interlination ; but as the writer of the 
will, either could not, or would not tell for what end 
they were made, tho' it appeared to be done with 
intent to vest an estate in fee simple in the widow, 

* which 



432 



The history 



' which it is probable the words erased did not do ; and 

* only two witnesses being able to make oath in due 
' form, and these not knowing any thing concerning 
'it; administration was committed to me, with the 

* testament annexed ; and I have since purchased releases 

* from the heirs and legatees of the widow, and have 
' been in quiet possession above fifty three years. Thus, 
' by the sole goodness of almighty God, my benign 

* creator, the designs against me were rendered ineffec- 
' tual, without any contrivance or act of my own. 
' Whether my uncle was persuaded, or really intended 
' to give that estate to his wife and her heirs ; or whether 

* he had given it to her for life, and so intended, and 

* the words interlined were done after his death ; or if 

* he did intend to give it her in fee, and the writer had 
' not made use of proper words for that purpose (tho' 

* he had done it in every other case where an estate wiis 

* given to me in fee) and discovered it to my uncle, 
*and made the alteration during liis life, and by his 
'consent; or discovered them after his death, and then 

* made the erasure and interlination ; is what I know 
' nothing of, and what the writer of the will either 
' could not or would not say any thing about ; but it is 
' evident on the face of the will, that every bequest "to 
' me, either of lands or chattels, even of my mother's 
'jewels, and what in the will was mentioned to belong 
' to her, and did only belong to me, was given (as the 
' writer of the will called it) with restriction and limita- 

* tion (meaning as I suppose with this condition) that I 
'should submit myself wholly and absolutely to every 
' thing contained in that will ; and it was therein deter- 
' mined, that if I, or any body claiming under me, 
' should under pretence of right from my father, whether 
' by partnership with my uncle or otherwise, make any 
' claim or demand of the estate left by my uncle, or any 
' part of it; that in such case the bequests to me'were to 
' be void. The drawer of that will had purchased and 
' read (with all the judgment he had) a book, entitled 

* Orphan's Legacy, in order to qualify him for that 
^ performance ; and so apprehensive was the contriver or 

contrivers 



Of new-jersey. 433 

"'contrivers of that will of ray making such claim, A. D. 
' and that the law might determine in my favour ; that 

* by a clause in that will it was directed, that if any 
^ doubt or controversy should arise, by reason of im- 

* perfection, defect, or any other cause whatsoever 
' of, or in any words, clauses and sentences in his last 
' will and testament, or about the true intent and 
'meaning thereof; that in such case, his executors, or 
' any three of them, should expound, explain, inter- 
' pret, and finally decide the same, according to their 

* wisdoms and discretions. There had been articles of 

* agreement and partnership entered into between my 
' uncle and my father, and executed by both the par- 
' ties ; in which amongst other things, it was covenanted 

* and agreed between them, that if either of them 

* died without issue, the survivor, or issue of the sur- 
' vivor (if any) should take the estate. Upon the 
' death of my father, that part of the agreement 
' executed by my unde, with other my father's papers, 
' came into the hands of my uncle, and upon his death 
' into Bickley's (as I suppose) who kept the keys of his 

* scruitore : That part of the agreement executed by my 
' father, I had seen often, and it came into my hands ; 
' but that part executed by my uncle, was made away 
' with ; who destroyed it, I can't say ; but believe my 
' uncle was too just a man to do any thing of that 
' nature. It appears from all this, that there was a 
' design formed to deprive me of the greatest part of 
' the estate my uncle died possessed of, and that this 
' design was defeated. That this might be accounted 
' for from natural and obvious causes, such as the 
' erasure of the will and the like, may be ; but what 
' confounded the understanding of the writer so as to 

* make the erasure in that particular place, and in the 
' manner he did, and to pretend not to be able in so short 
' a time after it was done, to give any account why it 
' was done, I attribute only to the over-ruling provi- 
■* dence of the Almighty, who has wonderfully pro- 

* tected and preserved me hitherto ; and I doubt not 

* will continue his goodness to me till he thinks fit to 

2 E ' call 



434 



The history 



call me hence, tho' I am unworthy of the least of his 
favours. I now proceed to directions concerning the 
disposal of my body ana estate ; and first, I will, that 
my body shall be buried by the bodies of my uncle 
and my children that lie at Morrisania, if it can be con- 
veniently done. I would be buried in a plain coffin 
of black wahiut, cedar, or mahogany, without 
cov^ering or lining with cloth, or any other material 
of linen, woollen, or silk ; my age and the time of 
my death may be put upon it in such manner as my 
executors shall think fit : I forbid any rings or scarfs 
to be given at my funeral, or any man to be paid for 
preaching a funeral sermon over me : Those who sur- 
vive me, will commend or blame my conduct in life 
as they think fit, and I am not for paying of any 
man for doing of either; but if any man, whether 
churchman or dissenter, in or not in priest's orders, 
is inclined to say any thing on that occasion, he may, 
if ray executors think fit to admit him to do it. 
I would not have any mourning worn for me by 
any of my descendants ; for I shall die in a good old 
age ; and wlien the divine providence calls me hence, 
I die when I should die, and no relation of mine ought 
to mourn because I do so ; but may perhaps mourn to 
pay the shop keeper for his goods, should they com- 
ply with (what I think) the common folly of such an 
expence. I will, (if it be not done before my death) 
tiiat a vault of stone be built at or nigh the place at 
Morrisania, where my good uncle lies buried ; and 
that the remains of my relations lying there, be col- 
lected and put into coffins in it; and my executors 

may get a tomb stone for me if they think fit. 

What the state of the dead is, I know not; but 
believe it to be such as is most suitable for them, and 
that their condition and state of existence after death, 
will be such as will fully shew the wisdom, justice, 
and goodness of their great creator to theui. As 
to what estate it has pleased God to entrust and bless 
me with, I will and dispose of it as follows: First, I 
will as the law wills, that all my debts and funeral 
charges be justly paid and discharged, &c. In 



Of new- jersey. 435 

In this year died Joseph Cooper : He was at eight A^ D. 



successive elections chosen to represent Gloucester county 
in assembly, and continued in that station 19 years ; 
he had steady principles, and a nobility of disposition 
and fortitude, superior to many : At one of the tedious 
sessions, in Col. Morris's time, when contrariety 
of sentiments had long impeded business, that governor 
casually meeting him in the street, said, ' Cooper, I 
' wish you would go home and send your wife/ I 
' will, says he, if the governor will do the same by 
* his : ' An anecdote deservedly expressive as to those 
good women. 

In the summer this year, three natives of Greenland, 
passed through the province, dressed in seal-skins, 
with the hair on after the manner of their own country ; 
they were two young men and a young woman, con- 
verted to the christian religion by the moraviau missi- 
onaries : They had left Greenland about two years 
before, in a Moravian ship (which had carried a house 
ready framed, for worship, to be erected there, that 
country aflPording no wood for building) and had since 
visited the brethren in several parts of Europe ; as 
England, Holland, and Germany : Their eyes and 
hair were black, like the Indians here ; but their com- 
plexion somewhat lighter : Two Indian converts from 
the moravian mission, at Barbice, near Surrinam, were 
also with them : They together went to the Moraviau 
settlement at Bethlehem, in Pennsylvania ; there they 
met with some Delaware and Mohickon Indians ; 
converts also of the Moravians ; and tho' their native 
lauds are so vastly remote as the latitude of 5, 41, and 
65 north ; yet what they observed of each other's 
hair, eyes, and complection, convinced them that they 
were all of the same race ; they could find however, 

no similitude in their several languages. 

The 



1749. 



436 The HISTORY 

A. D. The 9th of November died, in the 53d year of 

his age, Richard Smith : He represented Burlington in 
assembly near twenty years, through a great variety of 
difficult business : He maintained a fair reputation, 
was instrumental in procuring considerable provincial 
benefits ; and hence acquired the love of many, who 
had no opportunities of knowing him, but in a publick 
character. He was cool and even in his temper, im- 
partial and conscientious in the discharge of his duty, 
kind and careful in every paternal relation, and gene- 
rous in both sentiment and conduct. 

1755. The 18th of November, at four o'clock in the 
morning, was a considerable shock of an earthquake, 
which lasted about two minutes ; the weather for seven 
days successively before, had been remarkably clear and 
still, and all that night was so, with a clear full moon- 
shine ; the two days following, continued also very still 
and clear, not a cloud to be seen, till towards evening 
of the second day after it happened : It did not begin 
with so much of a rumbling noise as that in 1737, 
but was thought not to fall short in the concussion. 

1756. Early in this year died at New- York, James Alex- 
ander, Esq ; where he had long borne the office of pro- 
vincial secretary, and afterwards many years one of the 
council. He was also long surveyor general of both 
East and West-Jersey, and several years of the council 
in New- Jersey. ' He was bred to the law, and tho' no 
'speaker, at the head of his profession for sagacity 

* and penetration ; and in application to business, no 

* man could surpass him : ' With his knowledge he was 
ready and communicative , and having by candid prac- 
tice, and ingenuous industry and diligence, acquired a 
great estate in his latter years, remained a generous 
source of instruction for the advantage of younger 
practitioners, and many others. 



Of NEW-JEESEY. 437 

In this year died, in the se\ enty-sixth year of his age, A^. D 



Jonathan Belcher, Esq ; governor of New-Jersey : In 
this station he arrived in 1747. He was a native of 
New-England, and in his youth falling heir to great 
acquisitions, got early upon the wing, in the gay world ; 
a handsome exteriour, a fondness for it, and for dress, 
equipage, and popular eclat, insensibly betrayed him 
into a scence of show and expence, which at length 
proved inconvenient to his patrimony ; with this turn 
he travelled, kept the first rate entertainments and com- 
pany, and received marks of distinguished notice and 
respect in the electorate of Haover.^. He went over 
agent for the Massachusetts Bay, on the long contest with 
governor Burnet, on the subject of an indefinite support; 
on his death came over governor of that colony, and 
long insisted on the same demands his predecessor had 
•done, and with the same success : He continued governor 
there for a considerable time, and had great opportuni- 
ties of indulging his favourite taste ; but carrying a 
high hand in the administration, disgusted men of influ- 
ence ; and at one time putting a negative on several coun- 
cellors, occasioned so many voices to unite in their ap- 
plications against him, that he was removed from his 

government. 

w. Prince, in the dedication to him, of his chronology, speaks 
of this in the following strain : 

'Upon this occasion his excellency will forgive me, if for the 
'honour of his country, as well as for his own; we boast of one 
'among us, who inspired with zeal for the succession of that illustri- 
'ous house, even in the joys of youth, twice brake away, viz. in 
' 1704 and 1708, and passed a double ocean ; that he might with 
'rapture see, and in his country's name, express the ardour of their 
'vows to that most important family; in which under Heaven, all 
'the welfare of three mighty nations, and even of all the protestant 
'states and kingdoms in the world, as well as the liberty, religion 
''and felicity of these colonies and provinces were involved. A 
'celebrated instance peculiar to himself alone, that I presume no 
'other American can pretend to; and for the fatigue and pains, I 
■•suppose no other subject of the whole British empire; which re- 
^dounds to the glory of the land that bred him, that parted with 
•him, and received him with applause; and the happy consequence 
* whereof, at the head of his country, he now enjoys. 



1757. 



438 The HISTORY 

A. D. government. Here he witnessed a reverse of fortune^ 
being obliged to wait at a great expence several years 
before an opportunity presented of getting again into 
ojB&ce ; at length the government of New-Jersey falling 
vacant, early notice, properly used, procured him that r 
He was now advanced in age, yet lively, diligent in hi& 
station, and circumspect in his conduct, religious, 
generous and affable : He affected splendour, at least 
equal to his rank and fortune ; but was a man of worth 
and honour ; and tho' in his last years, under great de- 
bility of body from a stroke of the palsy, he bore uj> 
with tirmness and resignation, and went through the 
business of the government in the most difficult part 
of the late war, with unremitting zeal in the duties of 
his office. 

In this year died Andrew Johnston, esq ; aged 67 : 

1762. He succeeded his father in representing Amboy in assem- 
bly, and was speaker several years ; long one of the 
treasurers: The last 15 years of his life he was in the 
council, and a diligent attender on the business there ; 
he had great equality of temper, circumspection of 
conduct, an open, yet grave engaging mein, much, 
goodness of heart, and many virtues both publick and 
private. 

The 30th of October, between four and five in the 

1763. afternoon, was a very considerable shock of an earth- 
quake ; which directed its course to the eastward. 

In the beginning of this year died Robert Hunter 

1764. Morris, Esq ; He was near twenty-six years one of the 
council, and chief justice of New- Jersey, and some 
time lieutenant governor of Pennsylvania : He had 
strong natural powers, an elevated quickness of appre- 
hension, a memory tenacious, read much, and was 
uncommonly furnished in conversation on most sub- 
jects; 



Of new-jersey. 439 

jects ; he gloried in the rational privilege of free dis- ^jR' 
•quisition j in his motives to action, disdain'd to resemble 
the floating log^- that went with the tide; yet the other 
■extream had a snare of too delicate concealment to be 
always avoided : He came young into the office of 
<5hief justice, stuck to punctuality in the forms of the 
courts, reduced the pleadings to precision and method, 
and possessed the great qualities of his office, know- 
ledge and integrity, in more perfection than had often 
been known in the colonies : Had no other stations 
■engrossed his attention, his character had remained 
without dispute, more light than shade; inheriting 
from his father,y- or imbibing a turn at starting more 
difficulties, than himself or others could easily solve, 
introduced debate, in which often appeared a seemingly 
constitutional delight; but being brought up under 
the tuition of an^ excellent mother, the bias here was 
qualified in part, with the advantages of this, the father's 
experience, and much of his own, in variety of situa- 
tions : He had a liberal education, a comely respectable 
person, easy address, smooth flow of words, a command- 
ing influence in his manner, and was a warm friend, but 
formidable enemy, not partial or oppressive as a judge, 
in several private relations generous and manly, in none 
avaritious, in some inconsiderate, in many his own 
original or his father's copy, often singular, sometimes 
whimsical, always opinionated, and mostly inflexible. 

The 20th of the month called July, at about 40 
minutes past seven in the evening, an uncommon ball 
of fire was seen in the north-east, about fifty degrees 
above the horizon ; it took its course near north-west ; 
its diameter seemed as large or larger than the sun, 
■especially at one time, when it opened so as to seemingly 

separate 

X. He was apt to apply this expression in contrast to a sentimen- 
tal choice. 
y. See page 427, &c 



440 The HISTORY 

A. D. separate : It appeared like sheets of fire inclining toge- 
ther; its sound as it went in some places, was said to- 
resemble that of a great fire urged by a strong wind ; 
it kept near one height all the way, till it had crossed tlie 
meridian to the north about twenty degrees ; there a 
small cloud seemed to attract it; mounting higher, just 
as it appeared the outward edge of the cloud, it 
appeared to shatter into innumerable pieces. 



CHAP. XXIII. 

The present state of Indian affairs in New- Jersey. 

TO the accounts before given respecting the Indians, 
we now add other particulars, as far as New-Jersey 
hath been concerned. 

For nigh a century, such of them a^ were natives of 
that province, had all along maintained an intercourse 
of great cordiality and friendship with the inhabitants, 
being interspersed among them, and frequently receiv- 
ing meat at their houses, and other marks of good will 
and esteem : When the troubles broke out among the 
back Indians, it was observed, that some who had 
usually resided there, were missing, and supposed to 
have retired among them. 

In the year 1758, for a considerable time after the 
first hostilities had commenced in Pennsylvania, the 
family of Nicholas Cole, in Walpack, nigh the fron- 
tier of New-Jersey, were at two in the afternoon unex- 
pectedly attacked, and most of them murdered and 
carried off; this, and a few other murders alarmed the 
province, as it was not known or supposed they had any 

complaint against it.z- 

The 

z. They had, to one of the messengers sent from Pennsylvania, 
complained of the death of the sachem Weequehelah ; but this 



Of new-jersey. 441 

The leofislature appointed commissioners to examine A. D, 

1758 
into the treatment the Indians had received ; they first 

met them at Crosswicks, in the winter 1756, and heard 
what they had then to allege as grievances, and 
promised to lay them before tiie legislature; which 
they did at a session in 1757 ; when an act passed to 
remedy them, by laying a penalty upon persons selling 
strong drink, so as to intoxicate them, and declaring 
all Indian sales or pawns for drink, void ; that the 
person of no Indian should be imprisoned for debt, 
and that no traps larger than to weigh three pounds and 
a half should be set, &c. and making all sales of lands 
or leases void, not obtained according to the direction 
of the act.«- 

They afterwards, by another act, gave the commis- 
sioners power to appropriate sixteen hundred pounds, 
in purchasing a general release of Indian claims to 
New-Jersey ; one half to be laid out in a settlement for 
the Indians residing in the province to the south of 
Rariton river, whereon they might reside, raise the 
necessary subsistence, and have always in view the con- 
sideration they had received for the remainder of their 

lands 

was looked upon as meer pretence to colour their attempts with the 
a{)pearance of justice; as that Indian was known to have been exe- 
cuted for actual murder, and to have had a legal trial : The fact 
was, he was an Indian of great note and account both among 
Christians and Indians, of the tribe that resided about South-river, 
where he lived with a taste much above the common rank of Indians, 
having an extensive farm, cattle, horses and negrf)eK, and raised 
large crops of wheat, and was so far English in his furniture as to 
have a house well provided with feather beds, calico curtains, &c. 
He frequently dined with governors and great men, and behaved 
well; but his neighbour, ca4)tain John Leonard, having purchased 
a cedar swamp of other Indians, to which lie laid claim, and Leo- 
nard refusing to lake it on his right, he resented it highly, and 
threatned that he would shoot him ; which he accordingly took aa 
opportunity of dciing in the spring 1728, while Le(jiiard was in 
the day time walking in his garden or near his own house, at 
iSouth-river aforesaid. 

a. Vide vol. 2 of laws, pa. 127. 



442 TheHISTOKY 

A. T>. lands; the other half was to be applied to purchase 
any latent claims among the back Indians not resident 
in the province. 

The commissioners accordingly procured a second 
conference*- with the first mentioned ; which was held 
at Crosswicks in the second month (February) 1758. 

They first reminded them, that they liad above a 
year since informed them, that the disorders committed 
in the back parts of Pennsylvania and this colony, had 
not lessened the regard they entertained for their friends 
the Indians, wdio in this time of trial lived peaceably 
and quietly among the inhabitants, and assured them 
of the governor's protection ; that they had then desir'd 
they would make known any burthen that lay upon 
their minds ; that the Indians then signifying some 
abuses they were subject to by private sales made by 
some of their own people, and the inconveniencies 
they had suffered from setting iron traps for deer, being 
cheated of their goods when in drink, and that they 
thought they had still a right to some pieces of land, 
which they had not sold ; that in consequence of these 
demands, they, the commissioners, had faithfully 
reported to the legislature, who had passed a law to 
prevent all future abuses of that kind ; and that they 
were now impowered fully to hear the particulars of 

any 

a. The commissioners were, Andrew Johnslon and Richard Salter, 
esquires, of the council, and Charles Read, John Stevens, William 
Foster and Jacob Spicer, esquires. The Indians were, Teedye- 
ecunk, king of the Delawares. George Hopayock, from the 
Susquehanah. Crosswick Indiana, Andrew Wooley, George Wheel- 
wright, Peepy, Josepii Cuisli, William Lonlax, Gabriel Mitop, 
Zeb. Concliee, Bill News, John Pembolus. Mountain Indians, 
Moses Totamy, Philip. Rariton Indian, Tom Evans. Ancocus 
Indians, Robert Kekott, Jacob MuUis, Samuel Gosling. Indians 
from Cranbury, Thomas Store, Stephen Calvin, John Pompshire, 
Benjamin Clalis, Joseph W'ooley, Josiah Store, Isaac Still, James 
Calvin, Peter Calvin, Dirick Quaiptay, Ebenezar Wooley, Sarah 
Stores widow of Qijaquahela. Southern Indians, Abraham Loques, 
Isaac Swanelac. John Pompshire, interpreter. 



Of NEW-JERSEY. 443 

any claims they had to lands in the colony, which A. D. 
was determined to do them strict justice : The Indians 
informed the commissioners, that the lands they 
claimed, could not be by them described by lines, 
very intelligible to persons not on the spot, as they 
went to hollows, and small brooks, which had no cer- 
tain names ; but that they had described them as well 
as they could : And then they delivered lists of the 
tracts they esteemed unpurchased, as follows : No. 1, 
A power of attorney from Capoose and Telaman, to 
Moses Totamy, dated the 30th of January, 1743—4, 
for lands on the south and southwest side of the south 
branch of Rariton, joining thereto ; as explained by 
the said power. No. 2. A paper declaring the lands 
from the half way from the mouth of Metetcunk, to 
Tom's river, from the sea to the heads of the rivers, 
belong to capt. John, Totamy WUloekwis ; and from 
John Pastel's to Hockanetcunk, on CrosswicJcs ; then 
on a strait course to Mount-Holly, and so up Rancho- 
cas creek, to the head ; and from thence to the heads 
of Wisteconk creek, and along the said creek to Jarvin 
Farrow's Mill, and so to the sea. Pompshire and 
Stephen Calvin, say, they are concerned in the tract, 
No. 3. A power of attorney to Totamy, and capt. 
John, dated the 21st of February, 1742, from Taw- 
leyneymun, Tohokenum,, Gooteleek, to sell lands on Egg- 
Harbour, between Mount-Holly and Orosswicks. 

They have a tract of land beginning at the Old- 
Ford, by John Fowler's; then on a line to Doctor's 
creek above, but in sight of Allen- Town ; then up 
the creek to the lower end of Imlay's town ; then on 
a line to Crosswicks creek, by Duke Horseman's; then 
along the said Creek to the place of beginning. Teedy- 
esGunk and Totamy are concerned in the above lands • 
Tihen they said, that from the Mouth of Squan, to No 
2. belongs to Sarah Store, to whom it was given by 

her 



444 The HISTORY 

A. D. her husband, to the heads of the branches, and sO' 
1758 

across from one branch to the other. 

Tom Store and Andrew Wooley, claim a tract between 
Cranbury and Devil's Brook, possessed by Josiah Davi- 
son's sons, that has two new houses built thereon, in 
which is included tW w^hole tract of the late president 
Hamilton, and also Mr. Alexander's surveys, where 
Thomas Sowden lives ; he has sold part of this tract to 
Hollinshead, wliere M'Gec lives; also has sold some 
to Josiah Davison, to Doore Marlet, John Wetherilly 
and James Wilson : He claims lands from Oranbury 
brook, to the cross roads, lying on the right hand 
of the road, and is claimed by William Pidgeon; James 
Wall and John Story lives upon one corner of it ;. 
also a piece upon Pompton river, the livers upon it he 
knows not ; it lies in one piece, and is the same that 
Mr. Woodruff and company, were about purchasing 
of him. 

They also claim from the mouth of Squan, to the 
mouth of Shrewsbury river, by the streams of each, to 
their heads, and across from one head to the other. 

Also Vanot's place, an the west side of Squan river. 
Also a piece at Topanemv^ bridge : In this piece Ben 
Claus is concerned. 

Tom Store and Andrew Wooley, also claim a piece 
on the north side of South River. Polly Ritchies place. 

Also a piece between Allen-Town and Millstone 
brook, where Hockan Gapee used to live, joining on 
the east side of the post road to Amboy ; part of Dun- 
star's tract. 

Also, Vanse's place, joining to Millstone brook, on 
Amboy road ; part of FaUerton's tract. 

Also a swamp near Gawen Watson's place, belong- 
ing to the Johnston's family, and the Furmans. 

Isaac Still claims from the mouth of Great Egg- 
Harbour river, to the head branches thereof, on the 

east 



Of NEW-JERSEY. 445 

east side ; so to the road that leads to Ch-eai Egg-Har~ A. D. 
hour ; so along the road to the sea side, except TuckaJioe, 
and the Summer's, Steelman, and SkuWs places. 

Robert Kecott, claims in Piles grove, the places 
whereon John Mayhue's sons live. 

Also the township of Dcerfield, in the county of 
Ou/mherland, where the presbyterian meeting house 
stands. 

Also the tracts of James Wasse, Joseph Peck, and 
Stephen Chesup. 

Jacob Mullls claims the pine lands, on Edge Pillock 
Branch, and Goshen Neck Branch, where Benjamin 
Springer and George llarpole's mills stands ; and all 
the land between the head branches of those creeks to 
where the waters join or meet. 

Abraham Loques claims the Cedar-Swamp, on the 
east side, Tackahoe Branch, which John Campion and 
Peter Campbell have, or had in possession. 

Also Stuypson's island, near Delaware river. Tom 
Store claims 30 acres adjoining Richard Parks, wheel- 
wright in Middlesex county. 

Teedyescunk claims a tract in Hunterdon, called iVe- 
shannock, beginning at Philip Ringoe's house, which 
stands near a corner of it ; and so along the road that 
leads from thence to Brunswick, as far as Neshannock 
creek ; thence up the same to George Uatten's ; thence 
on a strait course to Petit's place, and so on to a hill 
called Paatquacktung ; thence in a strait line to the 
place of beginning ; which tract was reserved at the 
sale, and marked out by Wauhaway, who is alive. 

The Indians in general, claim their settlements near 
Cranbury, on Menolapan river, in Falkner's tract, 
whereon many of the Indians now live. 

And also a few acres below the plantation of Robert 
Pearsons, on the north side of CrosswicJcs creek. 

Having 



446 The HISTORY 

A. D. Having delivered these claims to the commissioners 

the Indians present executed a power of attorney, ap- 
pointing Tom Store, Moses Totami, Stephen Calvin, 
Isaac Still, and John Pompshire, or the major part 
of them, to transact all future business with the govern- 
ment, respecting lands ; and then they released all 
claims for themselves, and their heirs, to the proprie- 
tors of the respective divisions, and the purchasers 
under them, to all the lands in New-Jersey, not in- 
cluded in the above list ; and to such of these likewise, 
as could be proved to be conveyed by deed from the 
Indian inhabitants, except the claims of the Minisink 
and Pompton Indians, on the northern parts ; which 
power was acknowledged by all the parties, before 
John Imlay, Esq ; one of the judges of Burlington 
county, in order to b6 first recorded, and then delivered 
to the Indian attornies. 

Teedyescunk, the next day told the commissioners 
that he was very well pleased with what was done, and 
esteemed the methods concluded on to be just and 
equitable ; and to this all the Indians gave their assent. 

Thus things rested, till the latter part of the sum- 
mer ; when governor Bernard procured a treaty with 
several of the back Indians, by means of the following 
message : 

' To Teedyescung, king of the Delaware Indians ; 

' by Moses Tetamy and Isaac Stille, messengers 

' deputed by me : Greeting.' 

* I was surprised, on my arrival here with his ma- 

'jesty's royal commission as governor of this his pro- 

* vince, to find that invasions have been lately made on 

* the inhabitants of this colony, and much blood shed 

* by Indians, supposed to be those of Minisink or 

* Pompton, who have resided within this colony, and 

* have sometime since withdrawn themselves ; and as I 

* have no knowledge of any reason they, or any of 

them 



Of new-jersey. 447 

' them, have, for being discontented, or offering vio- A. D. 

* lence to the Inhabitants of his majesty's colony under °* 
'my government; and no public complaints have 

' been made by the Indians of Minisink or Pompton, 
' formerly inhabitants of this colony, at any of the con- 
' ferences held between the commissioners of New- 
' Jersey, and the Indian inhabitants of the same ; to pre- 
' vent any further hostilities, I hereby send you this 
' power, to go to the Indians of Minisink and Pompton, 
'formerly inhabitants of this colony; and in my name, 
' to desire them to desist from hostilities, and kindly to 
' invite them to a conference with this colony ; and to 
' assure them they shall be received in the most friendly 
' manner, and every endeavour shall be used to esta- 
' blish and confirm a friendship between the subjects 
' of our great king George, our common father, and 
' them, as a thing of the greatest use. You are to 
' enforce the natural affection between us and them, 
' and how much it is for their interest to be at peace 
' with a people, who have the means of making them 
' happy and easy, and have, by the blessing of pro- 
' vidence, provisions, and every necessary of life in 
' plenty, sufficient to supply their friends in distress. 
' As I have named a time, most convenient for 
' them to be down here, it would give me pleasure 
' to see them then : But if unavoidable accidents 
' should put it out of their power to attend at that 
' time ; I have left the time and place to themselves, 
' so that it be in my government ; and that they 
' come by Fort Allen, and enter New-Jersey, below 

* the falls at Trenton, and send an account of their 
' arrival, that I may appoint persons to receive and 
' conduct them to me. I prescribe this path, be- 
' cause the people above, who have lost their friends 
' and relations, are so inflamed, as to render it unsafe 
' for them to enter this colony above Trenton. 

If you cannot go to the places of residence of 
' the Minisink and Pompton Indians, you are (or in 

* case of your death or absence, that Moses Tetamy 

* and Isaac Still are) empowered to employ two good 

and 



448 



The history 



A. D. 

1758. 



and faithful messengers, to find out the chief place 

of the residence of these Indians, and to deliver to 

them the message from me, with the belt and four 

strings of wampum, and tlie safe conduct and flag 

given you herewith ; and you are desired to report 

to me, your proceedings herein, with all convenient 

speed.' Given under my hand and seal at arms, 

the 25th day of June, in the thirty-second year of 

his majesty's reign. 

(L. S.) 'By his excellency Francis Bernard, Esq; 

' captain general governor and com- 

* mander in chief of the colony of New- 

' Jersey, &c. 

* Brethren, the Minisink, or Munsy Indians, and 

* tho'je of Pctmpton : 

* it is with great pain I am to tell you, that some 

* Indians have invaded our province on the upper parts 

* of the Delaware, and shed much blood, and that 
■*you are sus{)ected to be concerned in it. A string. 

Brethren, 
' If you have been instigated to this by the false 

* suggestions of our enemies, the French, we pity you; 

* for these proceedings, if not immediately prevented, 

* must cause a discord between us, which though it 
■* may be greatly hurtful to our people, must in the 
' end entirely ruin yours, A string. 

' Brethren, 
' The throne of the great king is founded on justice, 
■* and therefore if you had received any injury from 

* any of his people living within our province, you 

* should have made your complaints to me, who am 
'ordered to do justice to all men, and I wnuld have 
^ heard you with open ears, and given you lull satis- 

* faction. A string. 

' Brethren, 
'If therefore you have any anger boiling in your 

* breasts, I, by this belt, invite you to Burlington, in 
' five weeks, at which time our great council will be 

* together ; there to unburthen your minds, and root 

'out 



Of new-jersey. 449 

"* out of your hearts the seeds of enmity, before they ^- ^• 

* take too deep a root. And I will kindle a council fire, 

* and bury all the blood, that has stain'd our ground, 

* deep in the earth, and make a new chain of peace, 
' that may bind us and our children, and you and your 

* children, in everlasting bonds of love, that we may 
^ live together as brethren, under the protection of the 
' great king, our common father. A belt. 

' Brethren, 

' If these words shall please you, and you should 
choose that we should be your friends rather than your 
enemies, let all hostilities immediately cease, and re- 
ceive this passport, and go to fort Allen; from whence 
you shall be conducted to Bristol, where you will 
find deputies, who will take you by the hand and lead 
you to me at Burlington : But if the time and place 
I have mentioned, be inconvenient to you, I shall 
be ready to receive you in this government when you 
can more agreeably to yourselves, attend. A string. 
At a conference held at Burlington, on monday, 
' August 7, 1758. 

PRESENT, 

* His excellency Francis Bernard, Esq ; governor. 
' The honourable James Hude, Andrew Johnston, 

* Peter Kemble, Richard Saltar, Lewis M. Ashfield, 
"^ Samuel Woodruff, esquires, of his majesty's council. 

' Charles Read, John Stevens, William Foster, 

* Esqrs, commissioners for Indian affairs. 

' Indians. Otawopass, or Benjamin, Coallins, or 

* Goatshank, messengers from the Minisink or Munsey 
■* Indians. Apewyet, or John Hudson, a Cayugan, 

* Samuel, a Delaware Indian, messengers from the 

* Mingoians. Taudakass, a Delaware Indian, who 

* came with the Munsey Indians. 

' John Pumpshire, interpreter. Moses Totamy, 

* Stephen Calvin, assistants, 

' His excellency sat, holding four strings of wampum 
"* in his hand, and spoke to them as follows : 

2 p * Brethren 



450 



The history 



A.D. 

1758. 



' Brethren, 
' As you are come from a long journey, through a 
' wood full of briars : with this string I anoint 
' your feet, and take away their soreness : With this 
' string I wipe the sweat from your bodies : With this 
' string I cleanse your eyes, ears and mouth, that yoa 
' may see, hear and speak, clearly ; and I particularly 

* anoint your throat, that every word you say may have 
' a free passage from your heart : And with this string 
' I bid you heartily welcome.' 

Then delivered all the four strings. 
' His excellency then informed them, that he should 

* be ready to hear what they had to say, in answer to the 
' message he had sent to their chief'*, as soon as would 
' be convenient to them ; when they informed him, they 
' would be ready in the afternoon : And thanked his 

* excellency, for using the customs of their fathers, ia 

* bidding them welcome. 

' Monday afternoon. 

PRESENT, 
' As in the morning. 
* The Indians being informed, that the governor was 

* ready to hear them, Benjamin, on behalf of the Mun- 

* sey Indians, holding a belt in his hand, spoke sitting, 

* not being allowed to stand till the Mingoian had spoke. 

' Brother, 
' At first when your messengers came to us at Assinske,, 

* twenty seven days since, our ancient people were glad 
' to hear them, and our young men, \vomen and chil- 

* dren rejoiced at the tidings. We know you are 

* great and strong, and we took it kindly. All our 
' friends and relations were in sorrow, and pitied the 

* condition of the women and of the children, who are 

* growing up. The kind words of our brethren the 

* English, we sent to our uncles the Mingoians ; and 

* one of them is come down here to the place of our 

* meeting, to be a witness of what passes between us.' 

Then 



Of new-jersey. 451 

Then John Hudson, the Cayugan, abovementioned, A. D. 
stood up, and spoke as follows : 
' Brother, 

'■ In confirmation of what has been said to you, I, 
' who am the Mingoian, am, by this belt, to inform 
' you, that the Munseys are women, and cannot hold 
' treaties for themselves ; therefore I am sent to inform 
' you, that the invitation you gave the Munseys, is 
' agreeable to us ; and we have taken hold of your 

* belt; and I desire you may write down my attending 
' here; tho' while I am here, I left my family in danger 

* of being cut oiF by our enemies the French. 

' Further, brother, 
' I have told you your belt was agreeable, and 
' received by us as an earnest of your friendship : But 
' tho' we are glad of this opportunity of speaking with 
*■ you, yet I am to inform you, that it is not agreeable 
' to our chief men and counsellors, to have a new 
' council-fire kindled, or the old one removed to this 
' side of the river, from Pennsylvania, where it hath 
' always been kept burning ; the reason is this, we 
' know the strength of the water, and that when the 

* wind and tide is strong, it roars, that our people 
'cannot hear: so that it is proper we should have the 
' council-fire on the other side of the river nearer to us. 

' Brother, 
' I think this is a good reason why it should be 
' so : For, though we should speak loud, the distant 

* nations will not hear us, if the roaring waters are 
' between us and them. We therefore hope, as the 

* council-fire is kindled, and kept burning in the forks 
' of Delaware, by the desire of all our nations we shall 
' see our brother the governor there. 

'' Brother, 

* We attend to the words we have heard from you : 

' You say you are a man of strength, and we believe 

' you are. I am a man as well as you : I know of no 

' nation stronger than you ; and our chief men and old 

* councellers are willing to meet you at the forks of 

* Delaware, and to confirm our alliance, and brighten 

'the 



452 



The history 



A. D. 

1752. 



' the cliaiu of frlcndslnp more clear than it has hcreto- 
* fore been. This belt confirms lohat I have savl. 

He tlien delivered the governor a belt, on one side 
of which are tliree figures of men in black wampum, 
representing the Siiawanese, Delawares, and Mingoi- 
ans, living on the Ohio ; on the other side, four figures 
representing the united councils of the six nations, in 
their own country: By their being now joined in this 
belt, he declared it expressed their union. That 
the western Indians having consulted their uncles, 
jiow joined in sending it, in pursuance of a belt of 
invitation sent them above a year since, by George 
Croffhan, on behalf of the Enojlish. 

Then Benjamin, on behalf of the Munsies, stood 
up, and said, 
' Brother, 
' Our ancient people, and chief men, are glad to 
hear of the kind disposition of the English. We 
believe you are wise and strong ; and for the good of 
our wives and children, for whose protection we are 
concerned, that they may have some good and lasting 
settlement made for them to the latest posterity, in 
order to obtain it, we should be glad of the opportu- 
nity, to see all our brethren the English together. 
Our chief men, and old councellors, are making 
ready to come to the council-fire, in order to settle 
all matters which have been the cause of uneasiness 
between us. We believe your professions are sincere, 
and that you will agree upon wiiat is most for the 
good of both you and us ; and we shall be ready to 
be advised by you, as we think you are wise. We 
are glad to have an opportunity of conversing with 
you, without interruption, tho' the sun is low : But 
we hope our and your ancient and wise men, will 
have the happiness of consulting freely together, for 
the good of one another, before it be dark ; and that 
we shall meet one another with sincerity and truth, 
as we expect the blessing from above to attend us 
therein. ' And 



Of NEW -JERSEY. 453 

'And I am directed to inform you, that the Indian '*^;.^' 

* nations will be next full moou after this, at the forks 
•' of Delaware, and will send the governor word before 
' hand, of the particular day they will be there, and 
' of their nations and numbers : And so you may make 
^ it known to whom you think proper, that they may 

* be present at our meeting. 

' There are two nations besides the Munseys, parties 
' to this message. 

' The Senecas, whose chief man is Tageeskata, and 
^ lives at Mahahensink. 

' The Cayugas, whose chief man is Eshakanata. 

' The chief man of the Munseys, is Egohohoun. 

'Tuesday, August 8, 1758. 
P K E S E N T . 

* His excellency the governor ; the gentlemen of the 

' council ; the commissioners for Indian affairs ; the 

* Indians, and the interpreters ; as yesterday. 

* His excellency delivered the following answer to 
' what the Indians said yesterday : 

' Brethren, 
' I am glad to hear, that our offers of peace and 

* amity have been well received by your people, and 
' that they are disposed to brighten the chain that here- 
' tofore had held us together, and to restore that bro- 
' therhood that had for many years subsisted between us. 
' Of late a great darkness hath overshadowed the land, 

* but we Iiope, that the sun is up that will disperse the 
' clouds that have hindred us from seeing one another, 
' and make all our future days bright and pleasant. 

' We agree with you, that it would be best tor us all 
' to meet at the great-council-fire that is kindled on the 

* forks of Delaware : It is on many accounts proper ; 

* and the particular circumstances of this province, 

* make it most agreeable to us. We differ from the 
' neighbouring provinces in many things : AVe have 

* bounds set to our people, beyond which they neither 

* can, nor desire to pass ; they are content with the 

* cultivation 



464 TheHISTORY 

A. D. < cultivation of their lands, and seek not for extraor- 
1758. i (jjjjary gains, by following trade out of their own- 

* country. As we have had little intercourse with your 

* people, we can have little cause of contention with 

* them : The encro;ichments of unbounded settlers, 
' and the tricks of gaifair traders, cannot be charged 
' on us. All we have to do, is to offer your people our 

* friendship ; which, if you will sincerely and heartily 
' accept of it, shall endure to you and your children^ 
' as long as the sun shall shine, or the river on whose 

* banks we meet shall flow. 

* Bretlu'en, 
' I speak the words of justice and benevolence, and 

* not of fear. It is well known to many of you, that 
' as our people are industrious and hardy, they are also 
' bold and resolute : If they are attacked, they give 

* shot for shot, and blow for blow. But we should be 

* sorry that this their warlike spirit, should be turned 

* again you our antient friends and brethrn : No ; 

* let it be exerted against the French, who are the com- 

* raon enemies of us, of you, and of all people that 
' would be free and independent. 

' Brethren, 
' What I speak to you, I speak to those that sent 
' you ; and say to our brethren, that we are honest and 
' sincere in our professions to them ; and hope they will 
^ be so in what they profess to us. But as we have been 
' struck, without having injured any one, we shall ex- 

* pect that they will give us a proof of their good inten- 
' tions towards us, by bringing with them all the 

* prisoners that have been taken from us. Those 
' among you, who are husbands and fathers can best 

* tell what our people must feel, who have had their 

* wives and children torn from them. We also expect, 

* that until we shall all meet at the great council fire, 

* and these our mutual offers of peace and friendship 

* shall be brought to maturity, by a solemn and publick 

* treaty, you will not suffer your own people to commit 

* hostilities against us, nor any others to pass by you, 

* without giving us early notice, to prepare ourselves 

* against them. Brethren, 



Of new-jersey. 455 

' Brethren, A._D. 

' The great God, whom we serve, and who protects ^'^^^' 
■* us, and gives us all the blessings of life which we en- 
^joy, hath commanded us to be just and benevolent to 

* all mankind. We are desirous to be so ; and if we 

* can be assured, that your people will live on terms of 
' friendship with us, the lowest person among you shall 
^ receive no hurt from our people, that we can prevent 

* or redress. Of this I will give your people further 
' assurance, when we meet at the council fire : In the 

* mean time, I confirm what I have said by these belts. 

' His excellency then delivered one belt to John Hud- 

* son, the Cayugan, and one to Benjamin, the Munsey. 

The two foregoing treaties, opened the way for 
another to be held the October following, at Easton, 
in Pennsylvania; so much of this as concerns the 
purchase of the Indian claims to the province of New- 
Jersey, were as follow : 

* At a conference held at the town of Easton, on the 

* eighth day of October, 1758. 
PRESENT. 

* The honourable William Denny, Esq ; lieut. governor. 

' Lawrence Growdon, William Logan, Richard 
■* Peters, Lynford Lardner, Benjamin Chew, John 

* Mifflin, esquires, members of the governor's council. 

' Isaac Norris, Joseph Fox, Joseph Galloway, John 

* Hughes, Daniel Roberdeau, Amos Strickland, esqrs. 
^ committee of the house of representatives. 

' Charles Read, Jacob Spicer, esquires, commis- 
' sioners for Indian affairs, in the province of New- 

* Jersey. 

' A number of magistrates and freeholders of this 

* and the neighbouring province, and of the citizens of 

* the city of Philadelphia, chiefly of the people called 

* Quakers. 

* George Croghan, esquire, deputy agent for Indian 
■* affairs under Sir William Johnson. 

* Indians 



466 



The history 



A. D. 

1768. 



Indians of several nations, viz. 

' Mohawks : Nichas, or Karaghtadie, with one 
' woman and two boys. In all 4 

' Senecas : Tagashata, alias Takeaghsodo, alias 
Sigachsadon, chief man, with 7 other chiefs, 37 
other men, 28 women and children. In all 83 

' Onondagas : As .uradonguas, with 9 men, 9 
women and children. In all 19 

' Oneidos : Segughsonyout, alias Thomas King, 
Anagaraghiry, Assany quou, with 3 warrior cap- 
tains, 6 warriors, and 33 women and children. 45 

'Cayugas: Tokaaio, with 8 men, 11 women 
and children. 20 

' Tuscaroras : Nichaquantaquoah, alias Jona- 
than with 5 men, 12 women, and 2 children. 20 

* Nanticokes : Robert White, alias Wolahocu- 
my, Pashdomokas, alias Charles, with 16 men, 

20 women, and 18 children. 56 

* Conoys : Kanakt, alias Last Night, with 9 
men, 10 women, and 1 child. 21 

Tutelos : Cakanonekoanos, alias Big Arm, 
Asswagarat, with 6 men and 3 women. 11 

* Chogknots : Ten men, 20 women and children. 80 
' Chihohockies : alias Delawares, and Unamies : 

Teedyuscung, with divers men, women and 
children. 60 

' Munsies or Minisinks : Egotcho^ven, with 
sundry men, women and children. 35 

* Mawhickons : Abraham, or Mammatuckan, 
with several men, women, and children. 56 

' Wawpings or Pomptons : Nimham, Aquay- 
wochtu, with sundry men, women, and children. 47 



In all 507 
' Conrad Weiser, Esq ; provincial Interpreter. 
' Captain Henry Montour, interpreter in Six Nation 
' and Delaware languages. 

'Stephen Calvin, Isaac Stille, Moses Tetamy, De- 

* laware Indians, interpreters in the Delaware lan- 

* guage. 



At 



Of NEW-JERSEY. 457 

* At a conference held at East'^n with the Indians, on A. D. 

' the 11th of October, 1758. P. M. ^^^7« 

PRESENT. 

' Governor Denny, with his council, and the several 

' Pennsylvania gentlemen, as before. 

' The Indians, &c. as before. 

* His excellency Francis Bernard, Esq ; captain general 

' and governor in chief of his majesty's province of 

* New- Jersey. 

' The honourable Andrew Johnston, Charles Read, 
John Stevens, Jacob Spicer, William Foster, Esqrs, 
commissioners of New-Jersey, for Indian affairs. 

* Tagashata, the Seneca chief, intending to speak 
first, on behalf of the Indians, had laid some belts 
and strings in order on the table. 

' As soon as the company sat down, Teedyuscung 
holding out a string, said he had something to deliver, 
and desired he might be heard first of all. Mr. Ci*og- 
han requested to know, if what he was going to say 
was the result of the Delaware council, and if it was 
their desire it should be spoke first; but no answer was 
given him as to this. 

' Governor Bernard signifying his desire to bid the 
Indians welcome, and just mention to them the busi- 
ness he came upon, it was agreed he should speak first ; 
which he did as follows. 

' Brethren, 

' I AM glad to see so many of you met together, to 
cultivate peace with your brethren and old friends the 
English. I heartily bid you welcome, and with that 
the good work for which you are now assembled, 
may prosper in your hands, and have that success, 
which your wise men, and all that wish you well, 
must desire as a thing much to your advantage. 

' The situation of the province over which I preside, 
and the disposition of its people, have hitherto 
afforded very little occasion for treaties with the 

neighbouring 



453 



The history 



A. D. 

1758. 



neighbouring Indians ; but having some months ago 
sent a message to the Minisinks, I received a message 
from our brethren the Seneciis and Cayugas, wherein 
they take upon them to answer ray message to tlie 
Minisinks, and desire tliat I would meet them at the 
council fire burning at this place. 

' It is not usual fr>r the king's governors to go out 
of their provinces ^ attend treaties ; but I am glad 
to have an opportunity of shewing my good dispo- 
sition to establish peace and friendsliip with ray neigh- 
bours, and therefore I have waved all form, and am 
come here according to the invitation I received at 
Burlington. 

* To you, therefore, our brethren the Senecas and 
Cayugas, and your nephowB the Minisinks, I now 
speak, and desire tiiat you wouhl take into your riiost 
serious consideration, my message to the Minisinks, 
your message to nie, and ray answer thereto, and let 
me know what we are to expect from you. 

* What is past we are wilHng to forget ; but I must 
remind you, that if you are disposed to be our friends 
for the future, you should give us that proof of your 
sincerity, which I have desired in my answer to your 
message, and return us the captives that have been 
taken out of our province, and are now within your 
power : This should be one of the first steps, and will 
be the best that can be taken towards restoring and 
confirming that brotherly love and friendship between 
us; which, I am convinced, will be for tlie mutual 
benefit of all parties.' 

' This was interpreted in the six nations language, 
by mr. Weiser, and in the Delaware, by mr. Stephen 
Calvin, the Indian school-master in West-Jersey. 

' Then Teedyuscung spoke, 

' Brethren, 

* I desire all of you who are present will give ear to 

* me. As you, my bretliren, desired me to call all 

* the nations who live back ; I have done so. Now if 

* you have any thing to say to them, or they to you, 

* you must sit and talk together. * Brethren, 



Of new-jersey. 459 

' Brethren, A. D. 

* I sit by, only to hear and see what you say to one ^^^^' 

* another ; for I have said what I have to say, to the go- 

* vernor of Pensylvannia, who sits here ; he knows what 
' has passed between us. I have made known to him 
' the reasons why I struck hiiti. Now I and the go- 

* vernor have made up these differences between him 
' and me ; and I think we have done it as far as we 

* can for our future peace.' A string. 

The above speech was interpreted in the six nation 
language. 

Tagashata then rose up, and spoke, 

' Brethren, the governors, and your councils, 
' It has pleased the most high, that we meet together 

* here with chearful countenances, and a good deal of 
^ satisfaction : And as publick business requires great 
' consideration, and the clay is almost spent, I choose to 

* speak early to morrow morning.' 

The governors answered, that they should be glad 
to give all the dispatch possible to this good work they 
■were engaged in, and desired the chiefs would fix the 
time of meeting ; but they declined it, saying, ' They 
were unacquainted with hours, but would give notice 
Avhen they were ready.' 

*At a conference held at Easton, on the 12th of 

'October, 1758. 

PRESENT. 

' The governors ; the gentlemen of their councils, and 

' others, as before. 

' Tagashata, the Seneca chief, taking the strings and 

* belt of wampum, which governor Bernard gave yester- 
' day, repeated according to the Indian custom, the 

* particulars of his speech, and then added, 

' Brethren, 
' We approve of every article mentioned to us yes- 

* terday, by the governor of Jersey ; all that he said is 

* very good : We look upon his message to us, as a 

' commission 



460 



The history 



' commission and request from him, that we should 

* brinsT matters to a good concUision with our cousins 

* the Minisinks. They themselves sent for us to do 

* the same thing, on their behalf; and at their request 

* we came here, have taken it in hand, and will use 
' our utmost endeavours to bring about the good work 
' which governor E rnard desires, and do not doubt 
' but it will be done to his entire satisfaction. 

' Brethren, 
' I now speak at the request of Teedyuscung, and 

* our nephews the Delawarcs, living at Wyomink, and 

* on the waters of the river Susquehannah. 

' Brethren, 
' We now remove the hatchets out of your heads, 

* that was struck into it by our cousins the Delawares : 
' It was a French hatciict that they unfortunately made 
' use of, by the instigation of the French : We take it 

* out of your heads, and bury it under ground, where 

* it shall always rest and never be taken up again. Our 

* cousins the Delawares, have assured us, they will 
' never think of war against their Brethren the English 

* any more, but employ their thoughts about peace, 

* and cultivating friendship with them, and never suffer 
' enmity against them to cuter into their minds again. 

* The Delawarcs desired us to say this for them by 
' this belt. A belt. 

* Brethren, 
' Our nephews the Minisink Indians and three other 
' different tribes of that nation, have, at last, listened 
' to us, and taken our advice, and laid down the 
' hatchet they had taken up against their brethren the 
' English. They told us they had received it from the 

* French, but had already laid it down, and would 

* return it to them again. 

* They assured us, they would never use it any more 
'against you, but would follow our advice; and en- 

* treated us to use our utmost endeavours to reconcile 
' them to you their brethren, declaring they were 

* very sorry for what they had done, and desired it 
' might be forgotten, and they would forever cultivate 



Of NEW-JERSEY. 461 

' a good frifendship with you. These declarations were A^ D. 
'made by the principal warriors of four tribes of the 
' Minisink Indians, at giving us this belt. A belt. 

Then taking eight strings of black wampum, he 
proceeded ; 

' Brethren, 

' We let you know, that we have not only brought 
' about this union with our nephews on the waters of 
' the river Susquehannah, but we also have sent messages 

* to our nephews the Delawares and Minisinks, and to 

* those likewise of our own nations who are on the Ohio, 

* under the influence of the French. We have told all 
' those, that they must lay down the French hatchet, 
' and be reconciled to their brethren the English, and 
' never more employ it against them. And we hope 

* they will take our advice. We the Mohawks, 

* Senecas, and Onondagas, deliver this string of 

* wampum, to remove the hatchet out of your heads, 

* that has been struck into them by the Ohio Indians ; 
' in order to lay a foundation for peace. 

Eight strings of black wampum. 

Tagashata sat down, and then the Cayuga chief^ 
Toka aio, arose, and said, 
Brethren, 
' I speak in behalf of the younger nations, part of, 

* and confederated with the Six Nations, viz. the 
' Cayugas, Oneidas, Tuscaroras, Tutaloes, Nanti- 
' cokes, and Conoys. 

' A road has been made from our country to this 

* council fire, that we might treat about friendship ;, 
' and as we came down the road, we saw, that by some' 
' misfortune or other, blood has lately been spilt on it. 

* By these strings we make the road wider and clearer ; 
' we take the blood away out of it, and likewise out of 
' the council chamber, which may have been stained ; 

* we wash it all away, and desire it may not be seen any 

* more ; and we take the hatchet out ot your heads. 

Gave three strings. 
' Brethren, 



462 The HISTORY 

A. D. < Brethren, the governors, and all the English, 

1758. t J jjQ^ confine myself to the Cayugas, my own 

* nation. 

' I will hide nothing from you, because we have 
' promised to speak to each other from the bottom of 
' our hearts. 

* The French, lit* a thief in the night, have stolen 
' away some of our young men, and misled them ; and 

* they have been concerned in doing mischief against 
' our brethren the English. 

' We did not know it when it happened, but we 
discovered it since. The chiefs of our nation held 
' their young men fast, and would not suifer them to 

* go out of their sight ; but the French came and stole 

* them away from us, and corrupted them to do mis- 

* chief: We are sorry for it; we ask pardon for them, 

* and hope you will forgive them : We promise they 

* shall do so no more : And now, by this belt, we take 
' out of your heads the hatchet with which they struck 

* you.' A belt of ten rows. 

He added, he had found out, ' That some of their 

* young men had been concerned in striking the English 

* four times. 

' At a conference with the Indians, on the 16th of 
'October, 1758. 
PEES E NT. 
' The governors and gentlemen of their council, &c. 
' Governor Bernard spoke, 

* Brethren of all the confederated nations, 

* As you proposed your questions concerning Tee- 

* dyuscung separately, I think proper to give you • a 
' separate answer thereto 

' I know not who made Teedyuscung so great a 

* man ; nor do I know that he is any greater than a 
'chief of the Delaware Indians settled at Wyomink, 

* The title of king could not be given him by an Eng- 

* lish governor ; for we know very well, that there is no 
*8uch person among the Indians, as what we call a 

' king. 



Of NEW-JEESEY. 46i 

' king. And if wc call hira so, we mean no more than A. D. 
' a sachem, or chief. I observe in his treaties which il^S. 
' he has held with the governor of Pennsylvania, 

* [which I have perused since our last meeting] that he 
'says he was a woman, till you made him a man, by 
' putting a tomhawk into his hand ; and through all of 

* those treaties, especially in the last, held at tliis town, 
' he calls you his uncles, and professes that he is depen- 
' dent on you ; and I know not that any thing has since 
' happened to alter his relation to you. I therefore 
' consider him still to be your nephew. 

' Brethren, 
I am obliged to you for your kind promises, to re- 
' turn the captives which have been taken from us. I 
' hope you will not only do so, but will also engage such 
' of our allies and nephews, as have taken captives 
' from us, to do the same. That you may be mindful 

* of this, I give you this belt. A belt. 

After the governor had done speaking, and their 
answers were interpreted in the united nations and 
Delaware languages, the Indian chiefs were asked, if they 
had any thing more to say. On which Tagashata 
arose, and made a speech to his cousins the Delaware and 
Minisink Indians, directing his discourse to Teedy- 
uscung. 

' Nephews, 
' You may remember all that passed at this council- 
' fire. The governors Avho sit there have put you in 
' mind of what was agreed upon last year : They both. 
' put you in mind of this promise, and desire you will 
' perform it : You have promised it, and must perform 
' it. We your uncles promised to return the prisoners. 
' We your uncles, have promised to return all the 
' English prisoners among us, and therefore we expect 
' that you our cousins and nephews will do the same. 
' As soon as you come home, we desire that you will 
' search carefully in your towns for all the prisoners 
' among you that have been taken out of every province, 

* and cause them to be delivered up to your brethren. 

'You 



464 



The HISTOEY 



A. D. 

1758. 



* You know that the is an article of this peace that was 
' made between you and your brethren : In confirm- 

* ation of wliich you received a large peace belt ; of 

* which belt we desire you will give an account, and 
' let us know what is become of it, and how far you 

* have proceeded iii it. A beU. 

' After this was interpreted in the Delaware language, 

* it was observed, that there were no Minisink Indians 
' present ; the governors therefore desired, that mr. 
' Peters and mr. Read would procure a meeting of the 
' chiefs of the united nations, Delawares and Minisinks, 

* and cause the speech of Tagashata to be interpreted to 
' the Minisinks in presence of their uncles. 

Robert White, the Nanticoke chief, arose and said, 
he was going to speak in behalf of seven nations, and 
directing his discourse to the governors, he delivered 
himself in the English language as follows, 
* Brethren, 
' It is now more than two years since we heard of 
our cousins the Delawares taking up the hatchet 
against the English. At the first. Sir "William John- 
ston sent a message to the head nations, and when 
they received it, they sent to us at Otsaningo ; telling 
us, that as we lived close by our cousins, they desired 
we would invite them to meet at our town, and accord- 
ingly we invited them, and they came to a great 
meeting at our town of Otsaningo. We then gave our 
cousins a belt of a fathom long, and twenty five rows 
in breadth, and desired them to lay down the hatchet 
that they had taken up against the English, and to 
be easy with them : And if they would follow this 
advice, we told them, that they would live in peace, 
until their heads were white with age; otherwise, it 
might not be so with them. 

' Not hearing from our cousins for some time what 
they did in consequence of this belt, we sent to them 
two other belts, one of sixteen and the other of twelve 
rows, desiring them once more to be easy with their 

' brethren 



Of NEW-JEPvSEY. 465 

* brethren the English, and noc to strike them any A. D. 
^ more : But still we heard nothing from them ; indeed ^'^^^' 

* sometime afterwards we understood the Delawares 

* should say, that the Indians at Otsaningo, had grey 

* eyes, and were like the English, and should be served 
' as Englishmen ; and we thought we should have had 

* the hatchet struck into our heads. AVe now want to 
' know what is become of these belts ; may be they 

* may be under ground, or they may have swallowed 
' them down their throats. 

' Brethren, 

* As our cousins have been loth to give any answer 
' to these belts, we now desire they may let us know, 
' in public conference, what they have done with 
' them. A string. 

17th October, 1758. 

* The Indians were in council all day; and acquain- 

* ted the governors, that they could not be ready to 
' meet before morning. 

' At a conference held at Easton the 18th October, 

' 1758. 

PRESENT. 

* The governors, council, gentlemen and Indians, 

' with the interpreters : As aforesaid. 

' Mr. Peters and mr. Read acquainted the gover- 

' nors. That at a meeting of the chiefs of the older 

' and younger nations, with the several tribes of the 

' Delaware and Minisink Indians, on Monday night, 

* the speech of Tagashata, delivered that morning in 

* the publick conference, respecting the giving up the 

* prisoners, was interpreted in the Delaware language 
' by Stephen Calvin ; and another belt, on the part of 

* the governors, being joined to Tagashata's belt, 
^ they were both delivered to the Delaware and Mini- 
' sink chiefs, to enforce the subject matter. When this 

* was done, Tagashata spoke to the Minisink chief 

* Egotchowen, saying, we were told by you, that you 
*had delivered up the English prisoners, and we be- 

* lieved you ; but our brethren have told us, that they 

2 Qt ' were 



466 The HISTORY 

A. T>. ' were not delivered up, and therefore we earnestly 
1758. c (Jegjre that they may be made easy on this article. You 
' knoM^, cousins, that their hearts will always be in 
' grief, till they see again their flesh and blood : It is 
' natural that they should be so : It would be so with 
' us, if it was our case. We desire you will be ex- 
' tremely careful to pe^-form this matter fully and soon, 
' let there be perfect pcuce all over the English country. 
' And let it now be published, that we may all live in. 
'peace, and with satisfaction, now and for ever. I 
' told you, Egotchowen, when you was in my town, 
' to bring with you the English prisoners, and that our 
' brethren would expect it. I wish you had done it, 
' But however, do it now with all speed, and it will 

* be well. 

' That Egotchowen answered, It is true, ' I was at 
' ray uncles fire, and I believe he desired me to bring 
' the prisoners down ; but I suppose it was not inter- 

* preted to me ; for I did not understand it clearly ; but 
'I now understand it. 

' That the Minisink and Delaware Indians were 

* desired to collect all their warriors together, and give 

* them their belts, and receive from them their answer, 

* it being necessary they should concur heartily in 

* whatever should be concluded. 

' Tiien Nichas, the Mohawk chief acquainted the 
' governors, ' That, as councellors, they had finished, 

* having nothing to propose at this present meeting. 
' The warriors were to speak now, and Tliomas King 
' was appointed to deliver their words ; who thereupon 
' arose, and began, " with an exhortation as well to 
' all concerned in publick affairs, governors and their 
' councils, and Indian chiefs and their councils, as to 
' the warriors of all nations, white people and Indians, 

* desiring all present to attend carefully to what was 
' going to be related, as matters of great consequence, 
' which would serve to regulate the conduct of the 

* English and Indians to each other. He added, that 

* the relation going to be made had taken a great deal 

* of trouble to put it into order, and it vvas made on 

' information 



O F N E W - J E R S E Y . 467 

' information ^iven by the several nations now present, A. D. 
' who Avere acquainted with the facts. llbd,. 

'■ Brethren, 
•' We, the warriors, have waited some time, in 
hopes our councellors would have taken this matter 
in hand ; but as they have not done it, we have, at 
their desire, undertaken it, and they iiave approved of 
every thing. I say, the councellors of the five 
younger nations, as well as the three older nations, 
have approved of what the warriors are going to 
relate ; and take notice, that the speech is not only 
the speech of all the warriors of the elder and younger 
nations, but of our cousins the Delawares and Mi- 
nisinks. 

' This was interpreted in the Delaware language ; 

and Thomas King then proceeded, directing his 

speech to the governors, and all the English upon 

the continent. 

Brethren, 

' You have been niquisitive to know the cause of 

'this war: You have often inquired among us, but 

' perhaps you did not find out the true cause of the 

' bitterness of our hearts, and may charge us wrong- 

' fully, and think that you were struck without a cause 

' by some of our own warriors, and by our cousins. 

' But if you look a little about you, you will find, 

' that you gave the first oifence. For in time of pro- 

* found peace, some of the Shawanese, passing thro' 
' South-Carolina, to go to war with their enemies, were 
' taken up and put into prison. The English knew they 
' were going to war, and that tl^ey used to do it every 
' year : And yet, after they had persuaded them in a 
' friendly way into their houses, they were taken up and 
' put into prison ; and one who was a head man of that 
' nation lost his life, and the others were severely used. 

* This first raised ill-will in the minds of the Shawanese, 

* and as the French came a little after this happened to 
' settle on the Ohio, the Shawanese complained of it 

* to them, and they made an artful use of it, set them 

' against 



468 



The history 



A. D. 

1758. 



' against the English, and gave them the hatchet. 

* Being resolved on revenge, they accepted it, and 
' likewise spoke to their grand-fathers the Dela\vares, 

* saying, grand-fathers, are not your hearts sore at 
' our being used so ill, and at the loss of one of our 

* chiefs ? Will you not join us in revenging his death ? 

* So by degrees our young men were brought over to 

* act against you. On searching matters to the bottom, 

* you will find, that you in this manner, gave the first 

* offence. This we thought proper to let you know : 

* It may be of service for the future. You may be 
' induced by this, to take better care in conducting 
^your council-business, so as to guard against these 

* breaches of friendship ; or as soon as they happen, 

* in corresponding immediately with one another, and 

* with the Indian nations, who are in any wise concer- 

* ned on such occasion. 

Eight strings of black wampum. 
' Brethren, 
* This was the case of the Shawaneee that I have.just 

* now releated. Another of the like nature has since 

* happened to the Senecas, who have suffered in the 
^ same manner. 

' About three years ago, eight Seneca warriors were 

* returning from war through Virginia, having seven 

* prisoners and scalps with them. At a place called 

* Green Briar, they met with a party of Soldiers, not 

* less than one hundred and fifty, who kindly invited 

* them to come to a certain store, and said they would 

* supply them with provisions : And accordingly they 

* travelled two days with them, in a friendly manner; 
' and when they came to the house, they took their 

* arms from tlie Senecas : The head man cried out, 
*' Here is death, defend yourselves as well as you can ; ' 

* which they did, and two of them were killed on the 
' spot ; and one, a young boy, was taken prisoner. 
"* This gave great offence, and the more so, as it was 

* upon their warriors road, and we were in perfect peace 

* with our brethren. It provoked us to such a degree, 

* that we could not get over it. 

* Brethren, 



Or NEW-JERSEY. 469 

' Brethren, A. D. 

' You have justly demanded your prisoners ; it is iToS. 
right; and we have given you an answer: And there- 
fore, as we think this young boy is alive, and some- 
where among you, we desire you will enquire for him. 
If he be alive, return him ; if you have swallow'd 
him down your throats, which perhaps may be the 
case, let us know it, and we will be content. His 
name is Squissatego. Six strings of white wampum. 

' Brethren, 
' We have one word more to mention of the same 
^ nature, and which was the very cause why the Indians 
* at Ohio left you. 
' Brethren, 
' When we first heard of the French coming to Ohio, 
we immediately sent word to the governors of Vir- 
ginia and Pennsylvania; we desired them to come, 
and likewise to supply us with such things as were 
proper for war, intending to defend our lands, and 
hinder the French from taking the possession of them : 
But these governors did not attend to our message; 
perhaps they thought there was no foundation for 
our intelligence. The French, however came, and 
become our neighbours; and you neither coming 
yourselves, nor assisting us with warMke stores, our 
people of necessity were obliged to trade with them, 
for what Ave wanted, as your traders had left the 
country. The governor of Virginia took care to 
settle on our lands for his own benefit ; but when we 
wanted his assistance against the French, he disre- 
garded us. A belt. 
' Brethren, 
' At this treaty you justly demanded to see your 
flesh and blood. We have pressed this on our cou- 
sins the Minisinks; and they by this string, desired 
us to assure you, the governors, that they would 
make strict search in their towns, and sincerely com- 
ply with your request, and return all the prisoners in 
their power. 

Two strings of black and white wampum. 

Then 



470 



The history 



A. D. 

1758. 



' Then directing his discourse to the governor of 
' Jersey, he proceeded, 

Brother, the governor of Jersey. 
' Our cousins the Minisinks, tell us, they were 

* wronged out of a great deal of land, and the English 

* settling so fast, th'^y were pushed back, and could 

* not tell what land«» belonged to them. They say, if 

* we have been drunk, tell us so : We may have forgot 

* what we sold ; but we trust to you the governor of 

* Jersey, to take our cause in hand, and see that 
' we have justice done us. We say, that we have here 
*and there tracts of land, that have never been sold. 
' You deal hardly with us ; you claim all the wild crea- 

* tures, and will not let us come on your land to hunt 

* after them. You will not so much as let us peel a 

* single tree : This is hard, and has given us great 

* offence. The cattle you raise are your own, but 
'those which are wild, are still ours, or should be com- 
' mon to both ; for when we sold the land, we did not 
' propose to deprive ourselves of hunting the wild deer, 

* or using a stick of wood when we should have occa- 

* sion. We desire the governor to take this matter 

* into his care, and see that justice be done in it. 

Two strings of white wampum. 

On the 19th October, 1758. 

* At a private conference with the Indians, held at 

* Easton. 
PRESENT. 

* His excellency governor Bernard. 

* The commissioners of New- Jersey. 

* The chiefs of the United Nations, and of the Mini- 

' sinks and Wapings. 
* George Croghan, Esq ; captain Henry Mountour 
' and Stephen Calvin. 

' His excellency reciting the request of the United 

* Nations to him, to do justice to their nephews the 

* Minisinks, concerning their claim to lands in New- 

* Jersey, said, he would make diligent enquiry, what 

* lands were remaining unsold by tlrem : But as that 

would 



Op NEW-JERSEY. 471 

* would be a work of time end expence, he wished ^:.P' 
' that some means could be found to giv^e them satisfac- 

* tion at this meeting. The jieople of New- Jersey 
^ said, they had bought all, or the greatest part of the 

* Minisink lands; and the Minisinks said they had a 
^ great deal of land unsold. He could not tell who 
' was in the right ; but would suppose there were some 

* lands unsold : A nd upon that supposition would give 
' tiiem some money by way of consideration for them, 

* if tliey would propose a reasonable sura ; and desired 
' they would advise about it, and give an answer. 

' The united nations said, it was a very kind propo- 
' sal, and recommended it to the consideration of the 

* Minisinks. 

' At a private conference with the Indians, held at 
Easton, the 21st of October, 1758. 

PRESENT. 

' His excellency governor Bernard, 
' and the Jersey commissioners. 

' Thomas King, chief of the Oneidas. Tagashata, 
' chief of the Se«ecas. Taka, aio, chief of the Cayu- 
' gas. Egohohowen, chief of the Minisinks. Aquay- 
' wochtu, cliief or the Wapings. With other Indians 

* of the several nations. 

' George Crochan, esq ; deputy to sir William 

* Johnson ; captain Henry Montour, his majesty's 

* interpreter to the United Nations ; mr. Stephen Cal- 

* vin, interpreter of the Dela^vare and Miuisiuk 
^ languages. 

'His excellency informed them, that he met them 
^ to agree about a consideration for the uncertain claims 

* of the Minisinks, Wapings and other Indians, 

* claimants of land in the northern parts of the province 
^ of New-Jersey, and desired that it might be con- 

* sidered, that they knew not what they sold, and he 

* knew not what he bought ; therefore the price ought 
■* not to be large. 

' That 



472 The HISTORY 

A. D. t That they might propose a sum to him, or he 

' would make an offer to them ; or it should be left tO' 

* their uncles to consider of a price, as would please 

* them best. 

' The united nations, by Thomas King, said, that 

* they had no claiq;^ to the lands of the Minisinks, or 

* others their nephews, on the east side of Delaware, 

* and should therefore leave the fixing a price to them. 

* Then the Minisinks and Wapings withdrew ta 

* consult about it ; and being returned, Egohohowen, 

* the Minisink chief, said, that they would choose the 

* governor should make an offer, as they might per- 

* haps demand too much, 

* His excellency having consulted the commissioners, 

* offered them eight hundred Spanish dollars for their 

* claim in New-Jersey, as an extraordinary price, 

' The Minisinks said, they should be glad of the 
' opinion of their uncles in the matter. 

' The United Nations, by Thomas King, said, it 

* was a fair and honourable offer, and that, if it was 
' their own case, they would chearfully accept of it : 

* But as there were a great many persons to share in the 

* purchase money, they recommended it to his excel- 
' lency, to add two hundred dollars more; and, if that 

* was complied with, the report of it would be carried 

* to all the nations, and would be a great proof of the 

* affection and generosity of their brethren the English, 
' on this occasion, and would be very agreeable to 
' them. 

' His excellency desired to know of the Minisinks, 

* and other claimants, if they approved of the proposal 

* of their uncles ; and they informed him, that they 
'did, 

' The governor after consulting the commissioners, 

* said, it was more than he had intended to give ; but 
' as the United Nations had given themselves the 

* trouble of being mediators between them, he could 

* not refuse their recommendations, and was glad of 

* the opportunity he had of shewing his regard to the 

' United 



Of new-jersey. 473 

' United Nations, and his benevolence to the Minisink A. D. 

* and other Indians, who had resided in the province 

* where he presided ; and therefore complied with their 

* request. 

' His excellency then desired them to remember, 
' that this consideration money, was to be in full for 

* the claims of all the Minisink and Waping Indians, 
' and all others who claim any lands, in a map, which 
' was laid before them at the same time, which included 
' all the lands from the line between the provinces of 
' New- York and New-Jersey, and down Hudson's 
' river, to the mouth of Rariton up the same to Alame- 

* tung Falls, on the north branch of Rariton river, 
' thence on a streight line to Paoqualin Mountain, 

* where it joins on Delaware river, and thence up the 

* Delaware to Cushytunk ; and recommended it to them 

* to have respect to this in the division of the considera- 

* tion money. 

* Then Tagashata, the Seneca chief, arose, and 
' addressing himself to the Minisinks and other Indian 

* claimants, spoke as follows. 

' My nephews, 

* I desire you will now give over all thoughts of your 

* land, and that we may hear no more complaints about 
'it. 

' Now you must remember the friendship between 
•' you and your brother, and transmit to your children, 
' and make them acquainted with the transactions of 
' this day. I recommended this to you, not from ray lips 

* only, but from the bottom of my heart : I hope it 
' will also make a deep impression in your hearts. 

' It seems, as if your grandfathers had not told you 

* of the treaties they used to have with their brethren, 
' but carried them with them to the grave. But we 
' hope you will not do so, but carefully inform you 
' children of your agreements. We have given you 

* this advice, and hope you will follow it. We also ex- 
' pect you will take care of your young men, that tiiey 
' do no more mischief to their brethren the English. 

' Egohowen, 



474 



The history 



A. D. 

1768. 



himself to the go- 



' Egolioliowen, then adch'essed 

* vernor, and desired to be heard. 

' Brother, 

* We are now thoroughly satisfied ; and we still retain 
a friendship for our brethren the English, and we 
desire, tluit if we should come into your province, to 
see our old friends, and should have occasion for the 
bark of a tree to cover a cabin, or a little refresh- 
ment, that we should not be denied, but be treated 
as brethren : And that your people may not look on 
the wild beasts of the forest, or fish of the waters, as 
their sole projierty ; l)ut that we may be admitted to 
an equal use of them. 

' The governor answered, that, as soon as he got 
home, he should issue a proclamation, to notify to 
the people of his province, that he had made a peace 
with them, and to order, that, for the future, they 
should be treated as brethren, which he hoped would 
be done : But desired tiiey would not go into those 
parts, where they had lately committed hostilities, 
till the people's passions were cooled ; for he could 
not be answerable for his people's behaviour, whilst 
their losses were fresh upon their minds. 

The 21st of October. 
PKESENT. 
All the confederate Chiefs. 
' Teedyuscung, Nowalkeeka, alias Four steps, Awe- 

* hela, alias James Davis, Egohohowen, Munsey, 

* chief, Tapiscawen, alias Samuel Davis, Philip Com- 

* pass, Lappink, Moses Tetamy. 

* Conrad Weiser, Henry Montour, Isaac Stille, 

* interpreters. 

'Governor Bernard, requesting the attention of the 

* Indians, addressed them as follows, 

* Bretliren of the united nations, 
' By this string, you spoke on behalf of our brethren 

* the Minisinks, and said, " That they were wronged 

* in their lands ; that the English settled so fast, they 

' were 



Of new-jersey. 475 

' were continually pushing them back ; and when they A. D. 
' asked for their lands, they were told that they had sold ^^^'^^ 
' their land, and had got drunk and forgot it. If they 
'had swallowed their lands, they must be content; 

* but they did not believe that they had swallowed all, 
' but that some was left. They desired, that I would 
' enquire after their lands that were left, and do them 
'justice." 

' Brethren, 
' I am glad I have an opportunity, in the presence of 
' so many nations, to express the desire I have of doing 
'justice to every one. The throne of the great king is 

* founded on justice : And I should not be a faitliful 
' servant to him, if I neglected to give redress to all 
'persons, that have received injuries from the people, 
' over whom the great king has placed me. 

' I have therefore had a conference with the Mini- 
' sinks, in the presence of some of their uncles ; and 
' have come to a full agreement with them, the pro- 
' ceedings of which are now ready to be read to you. 
' Brethren, 

' I have another proof to give you of the upright- 
' ness and justice of our province. We have come to 
' an agreement with the Delawares, and other Indians, 
' for the uncertain claims they had on the southern parts 
' of our province. I hereby produce the deeds, that 
' have been executed on this occasion, that the subject 

* of them may be explained to you, and be had in 
' perpetual remembrance by all the nations present : 
^ And I desire that you may all remember, that, by 
' these two agreements, the province of New-Jersey is 
' entirely freed and discharged from all Indian claims. 
' In confirmation of which I give you this belt. A belt. 

' Brother Teedyuscung, 
' By this string you tell me, that, after the killing the 

* nine Indians near Esopus, you carried three belts to 
' George Vreeland, who undertook to give them to 
' the governor, and you ask what is become of those 
' belts. 

' Brother, 



476 The HISTORY 

A. D. ' Brother, 

1768. ( J gj^j^ Qj-jjy gg^y.^ ^jjg^^ J T^Q^Qj. H GErd of tHose belts 

' before ; nor do I know, what governor George 

* Vreeland undertook to carry those belts to. The 

* proper governor was the governor of New- York ; 

* for in his province was this mischief committed. And 
'probably the gove^-^or of New- York had these belts; 

* for I have heard that he issued a proclamation for 
' apprehending the perpetrators of this fact. This fact 

* has been blamed by all good and wise men ; and I am 
' glad it was not done by tlie people of my province. I 

* will acquaint the governor of New-York with what 
' you have said upon this occasion, and I will enquire 
' afte)' those belts, and give you an answer. A string. 

' Governor Denny, being obliged to return to 

* Philadelphia, on urgent business, took his leave of 

* the Indians, saying. 

' Brethren, 
' It gives me great pleasure that the business of this 

* treaty has been carried on with so much satisfaction. 

' I am sorry, I am now to inform you, that I am 

* obliged to leave you, having received last night au 

* express from general Forbes, who is now near the 
' Ohio. My business calls me to town ; I shall there- 

* fore leave mr. Logan and mr. Peters to transact the 
' remainder of the business, and doubt not but they will 

* act to your satisfaction. I assure you of my affection 

* for you, and wish you all manner of happiness. 

' Teedyuscung arose, and desired to be heard on be- 

* half of the Wapings, living near ^sopus, and pro- 

* duced a short broad belt of white wampum, having^ 

* in the center, two hearts of a reddish colour, and in 

* figures 1745, wrote after the following manner, 
' 17 ^^45. The belt had a round circle pendant, 
' representing the sun : He then produced two certifi- 
' Gates, one from governor Clinton, and the other 

* from governor Hardy, both which were much in fa- 

* vour of the Waping Indians. He said the belt was 

* given them by the government of New- York, and 

' represented 



Of NEW-JERSEY. 477 

' represented their union, which was to last as long as A. D, 

* the sun should continue in the firmament. 

' Teedyuscung addressed governor Bernard, desiring 
' by a string of Wampum, that he would extend his 

* protection to the Wapings ; and as their chief was 
' old and infirm, he requested the favour of a horse to 

* carry him home ; which was readily granted. 

' Tagashata made the same request to governor 
' Denny, which was likewise granted. 

' The Six Nation chiefs consulted together, and in a 
' little time, Nichas, in their behalf, returned an answer 
' to the speeches of the governors, laying the belts and 
' strings upon the table, in the order they were deliver- 

* ed, and repeating distinctly what was said on each of 
' them. At the end of every article he returned thanks, 

* and expressed the highest satisfaction, particularly on the 
' ratifying the peace, and the large belt given thereupon, 
' which he said should be sent to all the distant nations 
' of Indians, to whom it would be very agreeable ; he 
' likewise promised, that every thing transacted in these 
' conferences, which he again said had afforded them 
' great pleasure, should be laid before the great council 

* at Onondaga, whose answers should be carefully trans- 

* mitted. 

' He thanked governor Bernard for making up all 

* the differences between that government and the Mi- 
' nisink Indians so much to their satisfaction. 

' He made an apology for the want of Wampum, 
' and the exchange of other belts to give in confirmation 

* of their performance of the several things mentioned 

* in the governors speeches, agreeable to Indian cus- 
' toms. And then wished governor Denny a good jour- 
*ney. 

' At a conference with the Indians, held at Easton, 

' on the 26th of October, 1758. 

PRESENT. 

* His excellency governor Bernard. 

'William Logan, Eichard Peters, Andrew John- 

*8ton, Charles Read, John Stevens, George Croghan, 

' Conrad 



478 The HISTORY 

A. D. ' Conrad Weiser, Charles Swaine, esquires. Major 
1758. t Ordnt, the sheriff of Northampton county, John 

* Watson. 

' The chiefs of the United Nations, and of the 
' other nations, and the interpreters, as aforementi- 
' oned. 

' Mr. Secretary P«ters having observed to the con- 
' federate chiefs, that the governors were by Toka 

* aio, charged with having omitted some things in their 
' answers, and desired to know what they were, Tho- 

* mas King said, that in regard to some things they had 
' been since supplied, and recommended that some 

* other things should be more particularly taken notice 
' of, than they had been. Wherefore agreeable to this 

* advice, the following speech was spoke by the mem- 

* bers of the Pennsylvania council, governor Bernard 

* assenting thereto. 

' Brethren, 
' As we have now settled all differences, and con- 
' firmed the antient leagues of amity, and brightened 
' the chain of friendship ; we now clean the blood off 

* your council seats, and put them in order, that when 

* you hold councils at home, you may sit in your seats 

* with the same peace and tranquility as you formerly 
^ used to do. 

A string consisting of a thousand grains of Wampum. 
' Brethren, 

' With this string of wampum, we condole with you 
' for the loss of your wise men, and for the warriors that 
' have been killed in these troublesome times, and like- 
^ wise for your women and children, and we cover their 
' graves decently agreeable to the custom of your fore- 
' fathers. A string of a thousand grains of wampum. 

' Brethren, 

' We disperse the dark clouds that have hung over 
' our heads, during these troubles, that we may see the 

* sun clear, and look on each other with the chearful- 

* ness our forefathers did. 

A string of a thousand grains of wampum. 

'Then 



OfNEW-JERSEY. 47» 

' Then mr. Peters and mr. Weiser produced the A. D. 
' confirmation deed, executed by the chiefs of the ^^^^' 

* United Nations as before set forth, which the Indian 

* chiefs acknowledged to have been their voluntary act 
' and deed, and that they clearly understood the con- 
' tents thereof, together with the limits described in 
' the draught annexed to it; and the same being handed 

* from Indian to Indian, all round the house, it was 
' delivered to the proprietor's agents. 

' After which the Indian chiefs produced the proprie- 
' tary deed of release, executed by mr. Peters and mr. 
' Weiser, the proprietary's agents : who acknowledged 
' it to be their act and deed, in behalf of their consti- 
' tuents, as well as their own, and re-delivered it to 
' the Indians, together with the belt. 

* His excellency governor Bernard produced the 
'following deeds, executed by five Indian attornies, 

* appointed by a council of the Delaware nations, for 
' all the lands lying in New-Jersey, south of a line 
' from Paoqualin mountains at Delaware river, to the 
' falls of Alamatung, on the north branch of Rariton 
' river, thence down that river to Sandy-Hook ; dated 
'the 12th of September last, with endorsements there- 
' on, made by Teedyuscung, Unwallacon and Tepas- 

* cawen, signifying their agreement thereto, and ac- 
' knowledgment of their having received satisfaction 
' thereon ; witnessed by three chiefs of tlie Six Nations,, 
' who in behalf of the Six Nations, a])proved the sale^ 
' and also by several English witnesses. And another 
' deed, dated the 23d October instant, at Easton ; 
' from the chiefs of the Munsies, Wapings, Opings, 
' or Poraptons, sixteen in number, and including all 
' the remaining lands in New-Jersey, beginning at Cu- 
' shytunk, and down the division lines between New- 
' Jersey and New- York, to the mouth of Tappan 
' creek at Hudson's river, and down the same to Sandy 
' Hook, thence to the mouth of Eariton, thence up 

* that river to the falls of Alamatung, thence on a strait 

* line to Paoqualin mountains, where it joins on Dela- 

' ware 



480 The HISTORY 

A. D. t ware river, thence up the river Delaware to Cushy- 
^'^' * tunk ; endorsed by Nimhara, a chief of the Opings 

* or Pomptons, who was sick at the execution thereof, 

* and appoved by the Six Nations ; which was 

* testified by three of their chiefs, signing as witnesses 

* thereto : And govf^nor Bernard desired, that all pre- 

* sent might take n^^ice of the same, and remember 

* that the Indian titles to all the lands in New-Jersey, 
' were conveyed by those two deeds. 

' Which being interpreted in the Mingo and 

* Delaware languages ; his excellency addressed the In- 

* dians, as follows : 

' Brethren, 
* I am very glad this good work has been so happily 

* finished. I came among you wholly unacquainted 

* with your forms, and therefore if I have omitted any 
' ceremonies, you will readily excuse me. But in 
^ whatever I have been deficient, I am sure, I have not 
^ wanted a good heart towards you. 

' The circumstances of our province, have hitherto 

* rendered us unable to give you any great proofs of 

* our regard for you. But I shall endeavour to persude 

* my people, to do you good service for the future, by 

* opening a communication with you ; which if rightly 
^ managed, will be much to the advantage of both 

* people. And for my own part, I shall be always 

* ready to do you justice ; and desire that whenever you 

* have cause of complaint against my people, you will 

* take care to signify it to me. A string. 

' The Five Nation chiefs, laid all the belts and 

* strings on the table, that were delivered at this and 
^ the last conference. Toka aio, the Cayuga chief, 

* desired the governor and all present, would take 
' notice of what Thomas King was going to say, on 
^ behalf of the United Nations. 

' On which Thomas King arose, and taking up the 
' first belt which was given by Teedyuscung, when he 

* requested a deed for the Wioming lands, he addressed 

* the Delawares, (leedyuscung not being present) as 

* follows : ' Cousins, 



Of NEW-JERSEY. 481 

* Cousins, A. D. 

' By this belt, Teedyuscung desired us to make you ^'^^^' 
the owners of the lauds at Wioming, Shamokin, and 
other places on the Susquehannah river; in answer to 
which, we who are present say. That we have no 
power to convey lands to any one ; but we will take 
your request to the great-council-fire, for their senti- 
ments, as we never sell or convey any land, till it 
be agreed on at the great council of the United Na- 
tions. In the mean time, you may make use of 
these lands, in conjunction with our people, and all 
the rest of our relations, the Indians of the different 
nations in our alliance. 

* Which being interpreted into Delaware, the string 
of wampum was given to Moses Tetaray and James 
Davis, to be delivered to Teedyuscung, as he was 
not present. 

' Then taking up each belt and string in the order 
it was delivered in this, and the last conference, he 
proceeded to repeat distinctly, what had been said 
under each article, returning thanks for all those good 
speeches, which he said, were extreamly agreeable. 
He made particular mention of the large peace belt, 
saying, "^he nations are greatly pleased, that all 
the ancient treaties made here, at Albany, and else- 
where, are renewed, as well as that the old council- 
fire at Philadelphia, is kindled again, and a good 
road made to it, that may be travelled without any 
danger : These in particular, as well as every other 
matter transacted at these conferences, we will make 
known to our own nations, and to every other in 
friendship and alliance with us, and we are sure they 
will be very well received. 

' Then addressing governor Bernard, he thanked 
him for his farewel speech, saying, " It was a very 
kind one, and that they were much pleased with his 
having been present, and given his assistance at this 
treaty, which had given them an opportunity of 
gaining an acquaintance with him, which they would 
2 H * ever 



482 The HISTORY 

A. D, • ever remember with pleasure. After a pause, he 

' desired to be excused for mentioning some things that 

' had been omitted by the governors and their councils. 

' They have forgot to bring with them ammunition, 

* of which we always used to receive a sufficient quan- 
' tity, not only to s-^vve us in our journey, but to sup- 
' port us in our nanting season, that we might be 
' enabled to make provision for our families. They 
' have given us gunlocks without guns, which are of 
' no manner of use to us ; and therefore this must have 
'surely been forgot; as it is impossible for Indians to 
' subsist without guns, powder and lead, of which we 
' have received none. 

* As many of us are old and infirm, we desire our 

* brethren, will be so good as to furnish us with a 
'number of waggons, to convey such of us, as are 

* not able to walk, and the goods you have been pleased 
' to give us, as far as Wioming, where we have left 
' our canoes, and then we will discharge the waggons, 

* and they may come back again. 

' We further desire a supply of provisions may be 
' put into the waggons, enough to serve us till we get 

* to our respective habitations. 

' He then took up the proprietary release, and re- 
' turned thanks for it. He said, " When the United 
' Nations first made the request to sir William Johnson, 

* to be transmitted to Onas, they had no doubt but 

* Onas would comply with it, having always found 

* him ready to grant all their requests. With him we 
' have never had any difference; he has always settled 

* our affairs without giving us any trouble, and to our 

* satisfaction. We heartily thank Onas ; this act con- 
' firms us in the good opinion we always had of him. 

' Then addressing himself to the Delawares, with a. 

* string of wampum, he spoke as follows : 

' This serves to put Teedyuscung in mind of his 

* promises, to return the prisoners : Remember, cou- 

* sins, you have made this promise in our presence ; 

* you did it indeed before, and you ought to have per- 

* formed 



Of new-jersey. 483 

* formed it : To tell lies, d< -es not become a great 1-51' 

* man : A great man always keeps his word, and per- 
^ forms his promises. Cousins, you must not now 
' fail to keep your word : We are all now one people, 
' and we must all be punctual in the performance of 

* our engagements. 

' This was interpreted into the Delaware language, 
' and the string was given to Moses Tetamy, to be 
delivered to Teedyuscung. 

' Then he said the United Nations had finished 

* what they had to say. 

' Some wine and punch was called for, and mutual 
' healths were drank, and the conferences were cou- 
' eluded with great satisfaction. 

In consequence of the expectations given the Indian 
inhabitants, the commissioners, with the consent of the 
Indian attornies, purchased a tract of upwards of 3000 
acres, called Brotherton, situate in Burlington county, 
in which is a cedar swamp and saw-mill, adjoining to 
many thousand acres of poor uninhabited land, suitable 
for hunting, and convenient also for fishing on the sea- 
coast ; the deed was taken in the name of the governor 
and commissioners, and their heirs, in trust for the use 
of the Indian natives who have or do reside in this 
colony south of Rariton, and their successors for ever, 
with a clause, providing that it shall not be in the power 
of the Indians, their successors, or any of them, to 
lease or sell any part thereof; and any person (Indians 
excepted) attempting to settle there, to be removed 
by warrant from a justice of the peace; no timber to 
to be cut but by the Indians, under penalty of forty 
shillings fine for every tree. The Indians soon after 
the purchase, removed to the settlement, and there 
remain to their satisfaction, having their usual means 
of living very convenient ; they were assisted by the 
government, in their removing and buildings : There 

'are 



484 



The history 



A. D. 
1758. 



are about sixty persons seated here, and twenty at 
"Weekpink, on a tract formerly secured by an English 
right, to the family of king Charles, an Indian 
sachem. 

Some time after the treaty at Easton, fresh hostilities 
being commenced bw the back Indians, and approach- 
ing very near the frontiers of Jersey, it was feared, not- 
withstanding these agreements, they would prove per- 
fidious ; which occasioned a guard to be placed there : 
Part of the address of the assembly to governor Frank- 
lin, in the spring, 1764, sets this and the present state 
of Indian affairs, in a true light ; and with that we 
conclude the subject. 

' In the original settlement of this province, great 

* circumspection and care was used to gain and pre- 

* serve the friendship of the Indian natives ; their lands 
' were from time to time, fairly and openly purchased, 

* to their general satisfaction : This conciliated their 

* affection ; and for a long course of time, they were 

* eminently serviceable to the new settlers ; and since 
^ the beginning of their hostilities, lest some among 

* them should think any part of our lands remained 
^ unpurchased, care was taken at the treaty of Easton, 
^ 1758, to obtain for a valuable consideration, a 
^ general release for all the lands in this province, such 

* parts only excepted, as were reserved for the use of 

* those Indians that inclined to live under the protection 
*• of this government ; this was done, and the money 

* paid in open council, and their approbation univer- 

* sally expressed : Such therefore being the circum- 
^ stance of this province, with regard to the Indians, 

* it became a matter of astonishment to us, that any 

* conduct of theirs should give reason to fear their in- 

* tentions respecting us ; and whether they had actually 

* any design upon this province or not, their hostilities 

* in the neighbourhood of our frontier, and in one 

* doubtful instance, over the line, were inducements to 

* place a frontier guard of two hundred men for the 

* winter oast. 

CHAP. 



Of new-jersey. 485 



CHAP. XXIV. 

A short geographical description of the province, and 
additional view of its present state. 



TO be very particular on this head, comes not within A. D. 
our design ; nor will it perhaps be a matter of 
much expectation, as the present state of trade carried 
on chiefly through the provinces New- York and Penn- 
sylvania, seems but little calculated to draw attention 
from abroad ; but the situation of the province, as 
lying directly in the concourse between the places 
aforesaid, renders it almost as well known to strangers 
resorting there. 

New-Jersey lying about 75° west longitude from 
London, is bounded on the west and south-west by 
Delaware river and bay, on the south-east and east by 
the atlantick ocean ; the sound, which separates Staten 
Island'!'- from the continent, and Hudson's river on the 
north, by a line as yet unsettled, to be run from the 
river last mentioned, in the latitude of 40° to 
the northerly branch of Delaware, in latitude of 
41° 40', which line is to be the boundary with New- 
York on that side. The greatest length of New-Jersey 
from north to south, that is from Cape- May, in the 
latitude of 39° to the north Station Point, in the lati- 
tude 41° 40' at 69 miles to a degree, is 184 miles. 
Its greatest breadth is about 60 miles ; but supposing it 
•on an average 150 in length and 50 broad, the whole 
province must then contain 4,800,000 acres ; of which 
at least one-fourth, (probably more) is poor barren 
land, in respect to tillage; but in part abounding with 

pines 

h. Or if we include that Island still on the atlantick ; but New 
York halh it in possession, tho' from situation it seems apparently 
intended a part of New- Jersey. 



486 The HISTORY 

A. D. pines<5- and cedars, and some few tracts of swamp, 
that will make meadow. It is supposed, that West- 
Jersey contains the greatest quantity of acres, and in 
return took the most barren land. East-Jersey, now 
1765, is supposed to have located neariy 468,000 acres 
good land, and 96j600 acres of pine land.<^. The 
proprietors of West-Jersey, soon after their arrival, 
divided among them, 500,000 acres, which they cal- 
the first dividend ; since which, at different times, 
they have issued directions for each proprietor's taking 
his part of four other dividends of the like quantity^ 
amounting in the whole, with allowance of five per 
cent, for roads, to 2,625,000 acres, conjectured by 
many to be full as much land as the division contains* 
of this the far greater part is already surveyed ; what 
yet remains are chiefly the rights of minors and people 
abroad. 

Delaware river, from the head of Cushietunk, tho' 
not obstructed with falls, has not been improved to 
any in-land navigation, by reason of the thinness of 
the settlements that way : From Cushietunk to Trenton 
falls, are fourteen considerable rifts, yet all passable in 
the long flat boats«- used in the navigation of these 
parts, some carrying 500 or 600 bushels of wheat. 
The greatest number of the rifts are from Easton 
downward ; and those fourteen miles above Easton, 
another just below Wells's ferry, and that at Trenton, 
are the worst. The boats seldom come down but with 
freshes, especially from the Minisinks : The freight 

thence 

c. Chiefly the pitch pine. 

d. Good rights in East Jersey, now 1765, sell at 20s. proc. per 
acre, Pine ditto, 10 p. proo. per acre : Eights in West-Jersey, at 
the same time, sell from 101. to 121. per hundred acres. 

e. These boats are made like troughs, square above the heads and 
sterns, sloping a little fore and aft, generally 40 or 50 feet long, 6 
or 7 feet wide, and 2 feet 9 inches, or 3 feet deep, and draw 
20 or 22 inches water when loaden. 



Of new-jersey. 487 

thence to Philadelphia, is eight pence a bushel for A. p. 
wheat, and three shillings a barrel for flour : From the 
forks, and other places below, twenty shillings a tun 
for pig iron, seven pence a bushel for wheat, two 
shillings and six pence a barrel for flour. This river 
above Trenton, has no branches worth mentioning, 
for conveuiency of navigation./- 

Though the province boundary on the ocean, is 
extensive, the harbours for large shipping are but few, 
and, except Sandy-Hook, mostly inconvenient, occa- 
sioned by a great extent of salt meadows, swamps and 
marshes, and being exposed to the N. E. winds; this 
disadvantage is however amply supplied by the Dela- 
ware and Hudson's river. 

Almost the whole extent of the province adjoining 
on the atlantick," is barrens, or nearly approaching it; 
jet there are scattering settlements all along the coast, 
the people subsisting in great part by raising cattle in 
the bog undrained meadows and marshes, and selling 
them to graziers, and cutting down the cedars ; these 
were originally plenty of both the white and red sorts : 
The towring retreat of the former have afforded many 
an asylum for David's men of necessity :9- They 
are now much work'd out : Another means of sub- 
eistence along the coast, is the plenty of fish and oysters, 
these are carried to New- York and Philadelphia mar- 
kets. It is thought, no inconsiderable whale-fishery 
might be form'd there; on the banks the New-Eng- 
land men frequently fish with success. The barrens or 
poor land, generally continues from the sea up into 
the province, thirty miles or more, and this nearly the 
whole extent from east to west ; so that there are many 
thousand acres, that will never serve much of the pur- 
poses of agriculture ; consequently when the pines and 

cedars 

/. Analysis of the map of the middle colonies, by L. Evans. 
y. 1 Sam. xxii, 2. 



488 The HISTORY 

A. D. cedars are generally gone (they are so already in many 



1766. 



places) this will not be of much value. This excepted, 
and what of the same sort may be here and there 
intermixed in other parts of the province, the 
lands in general (p^haps something better than two 
thirds of the whole) are good, and bear Avheat, barley, 
or any thing else suitable to the climate, to perfection. 
As the province has very little foreign trade on bottoms 
of its own, the produce of all kinds for sale, goe* 
chiefly to New- York and Philadelphia ; much of it 
is there purchased for markets abroad ; but some con- 
sumed araons: themselves. The Inhabitants as to 
dress and manners, form themselves much after the 
neighbouring provinces ; the western, about as far as 
the tide flows up Delaware, those of Peansylvania; the 
remainder, those of New- York. The political state 
of the province may be described in a few words ; 
harmony reigns in a considerable degree, in all branches- 
of the legislature ; the publick business is consequently 
dispatched with ease, and at a small expence. Thu& 
much^in the general: Next for the counties; of these- 
there are thirteen : Their respective wealth on a compa- 
rison with each other, may be collected from the pro- 
portions fixed by act of Assembly, on a £, 25,000 
tax, 1764. 

Middlesex, .... £,. 2,265 : 17 : 09| 

Monmouth, 3,285:16:10^ 

Essex, 1,946:08:04 

Somerset, 2,791:07:01 

Bergen, 1,647: 09 :08i 

Burlington, 3,125: 09 :05f 

Gloucester, 1,954:10:02^ 

Salem, 1,746:07:03^ 

Cape-May, 417:14:08^ 

Hunterdon, 3,544:07:11 

Morris and Sussex,* .... 1,389 : 01 : 08|- 
Cumberland. ---.-. 885 : 09 : 03|- 

The 

* Sussex being tne frontier county, and but lately settled, pay» 
bat a small proportion. 



Of NEW-JERSEY. 489 

The number of inhabitants in 1738, were said to A. D. 
be ----- - 47,369 ^^^^* 

In 1745, 61,403 

The increase in seven years, 14,034 

Supposing the increase to be nearly the~) 
same since, the number now, 1765, must V 100,000 
be about j 

The increase of some of the counties in West-Jer- 
sey, between 1699 and 1745, was found to be more 
than six for one ; the proportion of strangers arriving 
since, is not the same; but the natural increase must 
be far greater. 

The counties are several of them mark'd by pro- 
ductions, differing in some respects from each other, 
and when distinguished, may perhaps bear the follow- 
ing general description. 

Eastern Division. 
MIDDLESEX 

First ascertain'd a county by act of general assembly, 
in the proprietor's time 1682, had its boundaries par- 
ticularly fix'd by subsequent acts, in 1709 and 1713. 
See laws of the province, vol. 1. p. 13, 40, 41. 

In this county lies the city of Perth-Amboy, on a 
point of land, which divides the river Rariton, and 
Arthur Kull sound. It takes its name Perth from 
James Drummond, one of the proprietors, and earl 
of Perth, and Amboy from Ambo, in Indian a point. 
The situation for a sea trade, as lying open to Sandy- 
Hook,^- whence vessels may arrive almost any weather 
in one tide from the sea, and find a safe commodious 
harbour, capacious enough to contain many large 
ships, is allow'd to be as good a port as most on the 

continent; 

i, This took its name from its shape ; not far from the land at 
Middletown, it winds like a hook, the shore and bottom sandy. 



490 The HISTORY 

A. D. continent; yet by a fatality attending almost every 
attempt for trade in the province, the endeavours at 
this have been hitherto with no great success ; tho' they 
have a sea trade, and export to foreign markets, yet 
not as might be exp^jted from the advantages of situ- 
ation : The land lies high and dry, in a good air : The 
Scots proprietors were indefatigable to improve it ; 
but found up-hill work ; yet eifected a considerable 
settlement : The best part of the country round has 
water carriage to New-York. The legislature, by early 
stipulation of the proprietors and inhabitants, meet 
here and at Burlington, alternately, to accommo- 
date each division, and those in each towards the extre- 
mities of this long-extended province : In the same 
manner the supreme courts of judicature for the pro- 
vince were fixed : Here the courts for the county of 
Middlesex are held ; here also the general proprietors 
for East-Jersey always meet, and have lately erected a 
large and elegant house. [See chap, ia;.] In this county 
also up the Rariton, lies the city of New-Brunswick, i- 
well built, but the situation low, tho' high ground 
adjoining ; the county besides contains several villages, 
as Woodbridge, including Raway, Piscataway, Cran- 
bury and Princeton ; in the last is situate the New-Jersey 
college, a handsome capacious building:^- The college 
was first founded by charter from president Hamilton, 
and enlarged by governor Belcher, in 1747 ; at his 
death he left it a considerable donation of books. The 
land in this county is in part very rich, and affords 
beef, sheep, some pork, most sorts of grain, and 
smaller articles; besides staves, firewood, and other 
lumber, for exportation and New- York market. A 
general idea may be form'd of the religion of the inha- 
bitants 

k. Here ia a publick library. 

I. For a view, Bee New American Mag. 1759, p. 104. 



Of NE\y-JEIlSEY. 491 

bitants, by the houses for worship ; of these, the episco- A. D 



paliaus ia this county have five, presbyterians seven, 
quakers four, baptists two, seventh-day baptists one, 
low Dutch calvinists one. 

MONMOUTH, 

Boundaries by act of assembly, passed in 1709, 
begins at the mouth of a creek that parted lands origi- 
nally belonging to Andrew Bowne and George Wil- 
locks; thence following Middlesex, to the line dividing 
the eastern and western division of the province; 
thence southerly along this line to the sea; thence 
along the sea to the point of sandy-hook, and thence 
up the bay to the creek aforesaid : It contains the 
villages of Shrewsbury, Middletown, Freehold, and 
Allen-Town : The courts for the county business, are 
held at Freehold. The lands in Shrewsbury, Middle- 
town, and part of Freehold, are mostly remarkably 
good ; they raise grain, beef, sheep, butter, cheese, 
and other produce for New- York market : At the 
high lands of Navesink, the New- York merchants 
have lately erected a commodious light house, for the 
security of navigation. The houses for worship in 
this county, are, presbyterians six, episcopalians four, 
quakers three, baptists four. 

ESSEX, 
Had its boundaries fixed by act of assembly, in 
1709, but altered in 1741. Laws of the province, vol. 
1. jp. 12, 274. It contains the well-settled towns of 
Elizabeth and Newark ;"i- in .the latter the courts for 
the county are held ; in the former those for the ancient 
borough : This being an old settled county, and good 
land, is consequently full of inhabitants : their plan- 
tations are too high in value, to be generally large; 

their 

171. At each of those towns is a publick library. 



1765. 



492 The HISTORY 

A. !>. their improvements greater than in many other parts ; 
they raise wheat, beef, sheep, and generally what is 
common from good land ; part is carried to New- York 
market, and part exported in bottoms of their own : 
Of places for worsL"p, the presbyterians have seven, 
episcopalians three, baptists one, Dutch calvinists two. 

SOMERSET, 

Was divided from Middlesex by a proprietary law, 
in 1688, and then named ; its boundaries were again 
limited in the act of 1709, but altered by other acts 
in 1713 and 1741. Vol. 1 of laws p. 12, 40. 274. 
It adjoins to Middlesex on the north, the rest on 
Essex, Morris and Hunterdon : In it is the village of 
Bound-Brook : The land is rich, and being early 
settled by the industrious low Dutch, and a few others, 
much improved. Wheat is the staple of the county, 
of which they raise large quantities; they send their 
flour down Rariton river, to New- York ; and near 
Brunswick, running under the river Rariton, is a 
copper mine, but not yet very profitable. In this 
county lies the Rocky-Hill mines : Here also at 
Baskin-ridge, is the seat of William Alexander, earl 
of Stirling ; his improvements for taste and expence, 
promise more than any thing of the kind hitherto 
effected in the province. Of houses for worship, the 
English presbyterians have three, low Dutch reformed 
ditto, five, Dutch lutheran one, baptists one. 

The Dutch of the calvinistical plan of Holland, in 
the eastern parts of this province, were very insignifi- 
cant, and only supplied by their ministers from New- 
York and Long-Island, twice or thrice a year, (except 
Hackinsack, who had one Burtolf settled among them) 
until about the year 1719, when those of Somerset, 
Middlesex, and part of Hunterdon, jointly applied 
to Holland for a minister, from whence came Theodo- 
rus Jacobus Freelinghausen, who officiated among 

them. 



Of new-jersey. 493 

them, and was the chief means of establishins: several A. D. 
congregations in those parts : Since which the number 
of their ministers is increased to fourteen or fifteen in 
the eastern division ; and each of them do for the most 
part supply two or three different congregations. 

BERGEN. 

By the act of 1709, is bounded from Constable- 
Hook, along the bay and Hudson's river, to the 
partition point between New-Jersey and New- York ; 
thence along the partition line between the said pro- 
vinces, and the division line of East and West-Jersey, 
to Pequaneck river ; thence down that and Passaick 
river to the sound ; and thence to the place first named : 
Its situation on Hudson's river, opposite and adjacent 
to New- York, opens an advantageous intercourse with 
that market ; their lands are generally good for grass, 
wheat, or any other grain. The Scluiylers have here 
two large parks for deer. The inhabitants of the 
county, being the descendants of the low Dutch or 
Hollanders, that originally settled there"- under the 
Dutch title, preserve the religion of their ancestors, 
and worship after the manner of the reformed churches 
in the united provinces; in principle presbyterians, 
yet in subordination to the classis of Amsterdam : Their 
language in general, bears the Dutch accent ; nor have 
they forgot the customs of Holland : They have of 
houses for worship, Dutch calvinists seven, Dutch 
lutherans two. In this county are the Schuylers mines. 
Sixteen miles above Newark in Essex, on the opposite 
side of Second-River, in Bergen, is the remarkable 
Passaick falls, the precipice from the highest part of 
the rock, is supposed to be about seventy feet perpen- 
dicular. In this county was born the late famous col. 

Peter 
n. See p. 61. 



494 TheHISTOEY 

A. D. Peter Schuyler, who died in 1762, aged about fifty-two 
years : He was a younger son of Aarent Schuyler, 
the discoverer and first owner of the mines above-men- 
tioned. He had the command of the province troops, 
against the French of Canada, in divers campaigns, in 
the two last wars ; and by the best judges of military 
merit, was allowed to rank high in that character : 
He had qualities besides, that greatly recommended 
him to his acquaintance, being of a frank, open be- 
haviour, of an extensive generosity and humanity, and 
unwearied in his endeavours to accomplish whatever 
appeared of service to his country : He was taken at 
Oswego, when that post was given up to the French, 
and long detained a prisoner in Canada ; where having 
letters of credit, he kept open house for the relief of 
his fellow sufferers, and advanced large sums to the 
Indians, in the French interest, for the redemption of 
captives ; many of whom he afterwards, at his own 
expence, maintained whilst there, and provided for 
their return ; trusting to their abilities and honour for 
repayment, and lost considerable that way ; but seemed 
to think it money well bestowed : As to person he was 
of a tall hardy make, rather rough at a first view, yet 
a little acquaintance discovered a bottom of sincerity, 
and that he was ready to every kind office in his power : 
In conversation he was above artifice or the common 
traffick of forms, yet seemed to enjoy friendship with 
its true relish ; and in all relations what he seemed to 
be, he was. Matih. vii. 20. 

"Western Division. 

BURLINGTON. 

For the first boundaries and settlement of this county, 
see chap. vi. It was limited by the act of 1709, and 
afterwards curtailed by another act. Vol. i of laws, p. 41. 

The 



Op NEW-JERSEY. 495 

The city of Burlingtono- was laid out in 1677, A. D. 
and early incorporated ; but the charter now in being, 
was granted by governor Cosby : The Delaware before 
it about a mile broad, forms a convenient bason for 
shipping; its situation for trade is good; but eclipsed 
by the growing advantages of its opulent neighbour, 
the city Pliiladelphia.p- The land and air is good: 
where the houses chiefly stand, is an island, with two 
entrances on causeways, and a quantity of drain'd mea- 
dows adjoining ; but long experience has proved them 
not unhealthy : The courts for the county are held 
here; the legislature of the province meet alternately 
at Amboy and here; the supreme courts are held in, 
the same manner : The council chosen by the general 
proprietors of West-Jersey to transact their business, 
always meet here, \_8ee chap, a^.] In this place is also a 
promising library, the contributors are incorporated by 
charter : Besides the town aforesaid, there are two 
others ; ten mile further up Delaware, is Borden Town, 
founded by Joseph Borden ; on a branch of North- 
ampton or Rankokas river, is Bridge Town, or Mount 

Holly, 

0. Four miles from hence, a reclnse person who came a stranger 
has existed alone, near twelve years, in a thick wood ; through all 
the extremities of the seasons, under cover of a few leaves, supported 
by the side of an old log, and put together in the form of a small 
oven, not high or long enoi>gh to stand upright or lie extended ; he 
talks Dutch, but unintelligibly, either through design, or from 
defect in his intellects, 'tis hard to tell which ; whence he came or 
what he is, no body about him can find out; he has no contrivance 
to keep fire, nor uses any; in very cold weather he lie<< naked, 
stops the hole he creeps in and out at with leaves; he mostly 
keeps in his hut, but sometimes walks before it, lies on the ground, 
and cannot be persuaded to work much, nor obliged without 
violence to forsake this habit, which he appears to deliglit in, and 
to enjoy full health ; when the woods and orchards afford him no 
nuts, apples, or other relief as to food, he applies now and then 
for bread to the neighbourhood, and with that is quite satisfied ; he 
refuses money, but has been frequently cloathed by charity ; he 
seems to be upwards of forty years of age ; as to person rather 
under the middle size ; calls himself Francis. 

p. Seventeen miles distant by land, twenty by water. 



496 TheHISTORY 

A. D. Holly :?• In this county also are the villages of Kings- 
bury, Crosswicks, New-Hanover and Chester, or 
Moore's-Town : The arable land is generally but indif- 
ferent ; yet interspersed with quantities of good meadow, 
renders them profitable : Pork is the staple ; of which 
a large quantity is raised for the West-India market, 
and has deservedly gained reputation through all the 
islands: Beef, mutton, cheese, butter, <fec. are car- 
ried to Philadelphia markets : Very little hemp or flax 
is raised in this county, or indeed through the province, 
the inhabitants contented with a little, (very little in 
some places) for their own use, have generally reserved 
their gains on other productions, for purchasing their 
chief supply of these and woollen articles of European 
manufacture; labour is thought too high to increase 
it much, and the climate not so favourable as in some 
other places. In this county are the Indian settlements 
of Brotherton and Weekpink : {See chap, xadii.) Of 
places for worship, the people called quakers have 
fifteen, episcopalians two, baptists one, presbyterians 
one. [_See a note p. 69.] 

GLOUCESTEE, 

First laid out in 1677, had its boundaries ascertained 
by the act of 1709, beginning at the mouth of Pensaw- 
kin creek ; thence up the same to the fork thereof; thence 
along the line of Burlington county to the sea ; thence 
along the sea-coast to great Egg-Harbour river ; thence 
up that river to the fork ; thence up the southermost and 
greatest branch of the same to its head ; thence upon 
a direct line to the head of Oldman's creek ; thence 
down the same to Delaware river ; thence up that river 
to the place of beginning. Its situation opposite and 
contiguous to Philadelphia, gives great opportunities 

to 

q. Here is a publick library. 



O F N E W - J E R S E Y . 497 

to make the most of the productions of the county at A. D, 
that market; tho' their uplands as to the general are 
poor, the meadows are good and improve fast: they 
raise beef, pork, mutton, butter, cheese, &c. They 
have three villages, Gloucester, Haddonfield''- and 
Woodbury; at the first the courts for the county are 
held. Of houses for worship, the people called qua- 
kers have seven, the presbyter ians five, episcopalians 
one, Sweeds lutherau one, baptists one, moravians one. 

SALEM, 
Named by John Fenwick, and distinguished by his 
tenth, in 1675 : The name and jurisdiction settled 
by a proprietary law, 1694: The boundaries were 
fixed in 1709, but altered by act of assembly, in 1747. 
Vol. 1 of 'laws, p. 14. 361. Their lands and meadows 
are rich, and productions of any kind, natural to the 
climate, plenty : The chief they raise are beef, sheep, 
pork, butter, cheese, and grain, for exportation. It 
being an old settlement, the improvements are con- 
siderable as to plantations : The county business is 
transacted at the town of Salem, which formerly sent 
two members to the general assembly; but in 1727, 
these were given to Hunterdon, and their right of 
choice suspended till two additional members were 
added to the eastern division. Places for worship are, 
quakers four, episcopalians two, Dutch lutherau 
one, presbyterians three, baptists two. 

CUMBERLAND 

So named by governor Belcher, in respect to the 
duke of Cumberland ; it was divided from Salem by 
act of assembly in 1747, and the boundaries fixed, 
{see vol. 1. of laws, p. 361.) the land is mostly poor; 
but they have good meadows and marshes; being a 

new 
r. Here is a publick library. 

2i 



498 The HISTORY 

A. D, new settled county, these are not yet greatly improved ; 
they raise cattle and sheep for graziers ; the courts are 
held at Cohansick creek?- or Hopewell. In this county 
besides is the village of Greenwich : They join with 
Salem in the choice of two representatives : Places for 
worship are, episcopalians one, presbyterians four, 
baptists two, seventh day baptists one, quakers one. 

CAPE- MAY, 

Was first made a county by a proprietary law in 
1692; by another in 1694, had its boundaries better 
ascertained; and by the act of 1709, they were fixed to 
remain, beginning at the mouth of a small creek, on 
the west side of Stipson's island, called Jecah's creek, 
up the said creek as high as the tide floweth ; thence 
along the bounds of Salem, now Camberland county, 
to the soutiiermost main branch, of great Egg-Har- 
bour river ; thence down the said river to the sea ; thence 
along the sea-coast to Delaware bayj thence up the bay 
to the place of beginning; the land is generally poor, 
but the adjoining salt marshes serve to breed cattle and 
horses; these with the red cedar beaches, and fish 
and oysters, with which the coast abounds, afford the 
inhabitants an easy maintenance ; the county is divided 
into three precincts ; the presbyterians have a place for 
worship in the first; the baptists in the second; the 
quakers in the third, being that next to the sea. 

HUNTERDON, 

Was divided from Burlington by act of assembly, 
in 1713, and named by governor Hunter; the boun- 
daries were then fixed, but altered in 1738. {See vol. 
1 of laics, p. 41, 250.) It is situate along the Dela- 
ware, above the tide, and tho' one of the later settle- 
ments 

q. This creek was called by John Fenwick, Csesarea river, part 
of the province name, as being tJie most considerable creek that 
puts out of Delaware into West-Jersey. 



O F N E W - J E R S E Y . 49^ 

ments, is the most populous and opulent county in the A. D. 
province. The land is generally good for tillage ; wheat, 
the staple; their flour is carried to New- York and 
Philadelphia markets : The courtsare held at Trenton, 
a place of concourse and lively trade : It stands at the 
head of the tide, and in ia high pleasant situation ; the 
inhabitants have a public library. In this county 
resides John Reading, Esq ; late president of the 
council, and twice commander in chief on the deaths 
of the governors Morris and Belcher : The counties of 
Morris and Sussex join Hunterdon in the choice of two 
representatives. Of places for worship, the presbyte- 
rians have nine, the low Dutch ditto one, German ditto 
one, episcopalians three, quakers two, baptists two. 

MORRIS, 

Was made a county in 1738; and the boundaries 
then established by law ; but altered by the separation 
of Sussex, in 1753. {Laws, vol. 1, p. 253. Vol. 2. p. 
20.) It was named by governor Morris, after his 
family : This, for a late settled county, is populous : 
The courts are held at Morris-Town : They raise grain 
and cattle chiefly for New- York market, and cut large 
quantities of timber of various sorts for exportation : 
In this county resides Peter Kemble, Esq; president 
of the council. The places for worship in this county, 
are, presbyterians nine, lutherans one, anabaptists 
one, quakers one, separatists one, rogereens one. 

SUSSEX, 
Was named by governor Belcher, after the duke 
of New-Castle's seat in Sussex: It was divided from 
Morris by act of assembly, in 1753, and bounded by 
the mouth of Muskonetkong, where it empties itself 
into the Delaware, and running up that river to the 
head of the great pond; thence north-east, to tlr^ line 

that 



500 The HISTORY 

A. D. that divides New- York and New- Jersey ; thence along 
the said line to Delaware; thence down the same to 
the place of beginning. It being the newest county, 
and a frontier, <• is not much improved, and has but 
few inhabitants : It hes towards the head of Delaware ; 
about fifteen miles was exposed to the Indians in the 
late wars, and fortified by a frontier guard, and several 
block-houses, at provincial expence. The courts for 
the county are held at Hairlocker's plantation, where 
a new court-house is lately built : Near the river lies 
the noted Paoqualin hill, being part of the conti- 
nental chain or ridge, called the blue mountains, sup- 
posed to contain valuable ore : Between that and the 
river, is low intervale excellent land, containing a few 
plantations. This county raises some wheat, pork and 
cattle, for New- York and Philadelphia markets, and 
cuts lumber: It contains of low Dutch presbyterian 
meeting houses five, baptists two, German lutherans 
one, quakers one. 

Of COURTS. 

These are ; First, chancery : Second, the governor 
and council : Third, the prerogative court, relating 
to the probate of wills, and granting letters of admini- 
stration on intestates effects : Fourth, courts of vice ad- 
miralty : Fifth, supream courts held four times a year, 
alternately at Burlington and Amboy, and circularly 
through the counties generally once a year, or oftener 
if occasion : Sixth, the sessions, and court of common 
pleas, for business in the respective counties : Seventh, 
the justices court, for trial of causes of six pounds and 
under, in a summary way; these causes are not allowed 
to be legally decided by a single justice at a tavern, the 
act expressly barring against it ; for debts above forty 

shillings 

t. Pennsylvania and New-York, both meet against it ; but have 
few settlement*. 



O F N E W - J E R S E Y 501 

sliillino;s, a jury of six is allowed, if desired. The ^- ^• 

1765 
governor is chancellor. The pi-eseut justices of the 

supream court are, Frederick Smyth, Esq ; chief justice; 

salary one hundred and fifty pounds per annum. 

Charles Read, Esq; second justice; salary fifty pounds 

per annum. John Berrien, Esq; third justice; salary 

fifty pounds per annum. Ten pounds is allowed for 

each of the circuit courts, to the judge holding the same. 

All the courts are established in virtue of the royal 

commission ; none (except the six pound court) by act 

of assembly : Tiie common law is in use as in England : 

The customs and rules of legislation, and practices of 

the courts, are as near as may be, in the English model; 

the latter is thought to be as much so, by good judges, 

as that of any other colony : Appeals for sums above 

two hundred pounds sterling, lie home, after having 

gone through the courts here. Vid. 8Qth instruction, p. 

255. 

Method of appealing from the plantations, to the 
king in council, by sir Dudley Ryder, attorney general, 
afterwards L. C J. of England. 

" You are to bring your cause to trial, in the chief 
court or jurisdiction for trial thereof; and if judgment 
shall be there given against you, then by your attorney, 
you are to appeal in open court, within fourteen days, 
to his majesty in council from the said judgment ; and 
you are to obtain an entry thereof in the register of 
the court, at the same time offering security to prose- 
cute such your appeal before his majesty in council, 
■within twelve months, and to abide by his majesty's 
determination in council therein : You are also to 
obtain authentick copies, under the publick seal of 
the province, of all papers and evidences produc'd in 
your trial, and of all entries, records thereupon; 
which being done, you are within twelve months, 

to 



602 The HISTORY 

A. D. to have the same transmitted here, and to petition his 
majesty in council, setting forth the whole matter, 
and pray to be heard thereupon : But in case you shall 
be refused in the province to be admitted to appeal; 
you are then likewise to petition his majesty in council, 
setting forth the whole matter, and to pray, that your 
appeal may be admitted there; where, upon his maje- 
sty's admitting your appeal, you are to give security 
as before, and order will be then given for admitting 
the said appeal, and for the transmitting hither authen- 
tick copies of the papers and records, under the 
publick seal of the province, in order to the hearing 
all parties thereupon. 

Of beasts. 

The wild beasts, birds and fish, are those common 
to the rest of the continent ; some of the colonies have 
much greater variety : Of the first, the panther, deer, 
bear, woolf, wild-cat, fox red and grey, raccoon, 
otter and a few beaver, are the chief: Old settled places 
have but few of those most voracious ; the small tribe of 
squirrels, rabbits, minks, groimd-hogs, &c. are nu- 
merous : The deer in every county are plentier than 
one would expect; they breed but once a year, with 
two at a time ; great numbers are destroyed by traps "• 
and hunting, and by panthers, wild-cats, and some- 
times wolves ; The way the two first take to effect it, 

may 

u. The enormous iron traps used for deer, witli their wide jaws of 
destruction, are abhorrent to the common principles of humanity: 
There is no safety for man or beast wiiere lliey are ; laws to appear- 
ance well calculated, seem hitherto ineffectual in restraining^ them, 
tho' so extreamly and commonly dangerous; till active men in 
neighbourhoods, will unite to exert themselves, and make it a com- 
mon concern to discourage them, 'tis feared the danger will remain : 
Still worse is the practice of setting sharp stakes and loaded guns; 
these are scarcer, but ought .o be justly detected, as below the rights 
of humanity, even with respect to brutes, and a^ common nusances 
to mankind, where ever they are. 



OfNEW-JERSEY. 503 

may be known by an instance near Crosswicks, 1748, A. D. 
An Indian hunting, discovered a large buck feeding, 
creeping to shoot, he heard something among the bushes, 
presently saw a panther with his eyes so intent on the 
buck, that he did not perceive him : the Indian watch- 
ing his motions, observed, that while the buck had 
his head down to feed, the panther crept, but when he 
held it up, lay snug ; he at last got unperceiv'd, within 
about twenty feet, and then making a desperate leap, 
fixed his talons in the buck's neck ; after he had nearly 
kill'd him, he would cease for a minute, give a watch- 
ful look round, and then fall to shaking again ; having 
done his work, and about to draw the carcass to a heap 
of leaves for future service, the Indian shot, and got 
both : They sometimes take their prey by suddenly 
jumping out of trees; so the wild-cats also commonly 
effect it; these fix on young cattle so eagerly, as to be 
sometimes brought home on their backs : Some instan- 
ces of the wolves killing deer, have been known ; tho' 
but seldom, and chiefly by accident : The bucks also 
kill one another in fighting, by entangling in the horns, 
and so die and rot ; they have been taken alive so 
fasten'd, and the horns of others found : The deer are 
sometimes white, and sometimes spotted nearly like the 
common colour of fauns ; but these are rare ; brown is 
the usual colour. 

The rattle-snake, as the country settles thick, are 
but little known ; many old inhabitants have never seen 
them alive : The mischief they have yet done, is incon- 
siderable, their power and opportunities considered: 
This is remarkable ; they have an astonishing charm a;. 



X. A person liaving one taken alive, and broiiglit in a small 
basket cover'd, the man that brought it, sat with the basket between 
his knees; he wantonly took oS' the cover; the snake caught his 
attention; he was immediately surprisingly affected, and express'd 
-afterwards every thing attractive, as to the penetrating force of the 

snake's 



504 The HISTORY 

A. D. in their eyes; the venom of their bite is perhaps- 
without comparison ; yet their power is happily circum- 
scribed in a way the most effectual, that is, by not 
having a will to mischief equal to the means, otherwise 
there would, in som% places, scarcely have been any 
living among them ; at. least before antidotes were dis- 
covered by the Indians : Formerly they were thick and 
plenty in particular places ; and yet in the new settled 
parts, are common, especially in the spring, when 
from their winter's retreat, they prepare for a summer's 
separation : A surveyor, with his eye on a distant object 
unawares among a parcel of these, one would think in 
a poor situation ; yet an instance of this but lately hap- 
pened : He had taken a long view in the spring on the 
south of a hill, and keeping his eye to the object, 
without attending so much to his feet, was first alarm'd 
with a smell rank and disagreeable, and then an unu- 
sual noise, on which, looking about, he saw the leaves 
in motion, and woods alive with rattle-snakes ;2/- he 
got off by care in his steps, without harm. Tliey choose 

for 

Bnake's eye, the snake all the while kept rattling with fury ; the 
man's own action was lost in amazement and terror ; and had not 
another present, put the cover on the basket, he had probably beeni 
bit. 

y. Half a dozen or less, with their tails in motion, might answer 
this purpose; but he was too much frighted to count; there might 
however be many more, as there frequently are numbers logetlier, 
when they first leave their holes in the spring. One Robins, in 
Amwell, Plunterdon county, at a spot on his own plantation, had 
upwards of 90 kill'd in each of three springs successively: The 
parties performing it, bark'd young chestnut trees of the size of their 
own legs, and tied them on; thus accoutred, they effected their 
business without much danger; but the snakes frequentl}' bit the 
bark. Instances need not be multiplied in a case well known; or 
others where the snakes were much more numerous, might be 
given. At one of the quarries, where stone was g'ot for Prince- 
Town college, the work-men came to an aperture in the rock, about 
eighteen inciies wide, ten feet hmg, and six deep, in which they 
found near twenty bushels of -nakes bones; they were supposed to 
have got in througii winding crevices of the rock in the fall, and in. 
their weak state in the spring, not able to get out again. 



OpNEW -JERSEY 505 

for winter, the sunny side of hills, among rocks, where A. D. 
these can be had, or holes under trees, and in springy 
warm places : There have been dug up in their torpid 
state, different sort of snakes interwoven among one 
another, in great regularity, with their heads uniformly 
sticking out at the top : They obtain much of their 
food by striking a terror with their rattle at first, and 
then catching the eye of the frighted object. 'It is com- 
' monly said, that this (the rattle) is a kind contrivance 
' of divine providence, to give warning to passengers, 
' by the noise which this part makes, when the crea- 

* ture moves, to keep out of the way of its mischief; 
' now this is a mistake. It is beyond all dispute, that 

* wisdom and goodness shine forth in all the works of 
' the creation ; but the contrivance here is of another 

* kind than is imagined. 

' All the parts of animals are made either for the 
' preservation of the individual, or for the propagation 

* of its species ; this before us is for the service of the 

* individual : This snake lives chiefly upon squirrels 2« 
' and birds, which a reptile can never catch without 

* the advantage of some management to bring them 
' within its reach ; the way is this ; the snake creeps 

* to the foot of a tree, and by shaking his rattle, 
' awakens the little creatures which are lodged in it ; 

* they are so frightened at the sight of their enemy, who 
' fixes his lively piercing eyes upon one or other of 
' them, that they have no power to get away, but leap 
' about from bough to bough, till they are quite tired, 

* and at last falling to the ground, they are snapped 
' into his mouth. This is by the people of the country 
' called charming the squirrels and birds. 

at 

z. It is reported, with circumstance? of great credibility, that the 
Indians here had a method of taking these animals, by the meer 
charm of fixing their eyes, whence they have by degrees leaped 
down into possession. 



606 



The history 



A. D. 

1765. 



' It must likewise be observed, that this snake does 
not make any noise with its rattle, in the common 
motions of its body. 

* There is something like this in the lion's hunting 
for his food ; the hungry tyrant, by his terrible roaring 
in the woods, rouses the lesser beasts out of their 
holes ; they running about in fright and surprise, are 
easily seized, and become a prey to his devouring 
jaws. 

* And I have myself seen, upon a hawks settling 
upon a tree in a garden, the little birds all about it, 
so struck with fear, that though they could fly back- 
wards and forwards, for some little distance, yet 
they have not been able to get away from the ravenous 
destroyer."- ' 

Though the use of the rattle seems principally de- 
signed for procuring food, it has certainly been the 
means of preservation in respect to mankind ; as that 
ala.rm is frequently known to warn the unsuspecting 
traveller of imminent danger ; that the fascinations of 
their eye is necessary to their existence, seems beyond a 
doubt; inactive and sluggish by nature, they have but 
little other probable means, and have been seen and 
kill'd in the act even with foxes detained in this man- 
ner.*- No instance occurs of their hunting men, unless 

first 



a. Dr. Mead, vid. his medical works, quarto, edit. 1762, p. 59. 
60. here may be seen an accurate description of the head and teeth. 
For an exact view and description of the snake, see Calesby's Nat. 
Hist, and supplement to the Gent. Mag. for 1753. 

b. A person of undoubted credit relates of his own knowledge, 
two instances of this attended with such cijcumstances, as leaves 
very little room for doubt. 'In the end of May, 1715, stopping 
'at an orchard by the road side to get some cherries, being three of 
'us in company, we were entertained with the whole process of a 
'charm between a rattle-snake and a hare, the hare being better 
' than half grown. It happened thus ; one of the company in his 
'search for the best cherries espied the hare sitting, and although 
'he went close by her she did not move, till he (not suspecting the 

occasiou 



Of new-jersey. 607 

first disturbed; then indeed they seldom fail. Ver}^ A. D. 
lately near Burlington, a mower without stockings, 

drawing 

'occa.sion of her gentleness) gave her a lash with his whip; this 
'made her run about ten foot, and there sit down again. The 
'gentleman not finding the cherries ripe, immediately returned the 
'same way, and near the place where he struck the hare, he spied a 
'rattlesnake; still not suspecting the charm, he goes back about 
'twenty yards to a hedge to get a stick to kill the snake, and at his 
'return found tlie snake removed, and coiled in the same place from 
'whence he had moved the hare. This put him into immediate 
'thoughts of looking for the hare again, and he soon spied her 
'about ten foot off the snake, in the same place to which she had 
'started when he whipt her. She was now lying down, but would 
'sometimes raise herself on her fore-feet struggling as it were for 
'life or to get away, but could never raise her binder parts from 
'the ground, and then would fall flat on her side again, panting 
'vehemently. In this condition the hare and snake were when he 
'called me: and though we all three came up within fifteen foot of 
' the snake to have a full view of the whole, he took no notice at 
'all of us, nor so much as gave a glance towards us. There we 
'stood at least half an hour, the snake not altering a jot, but the 
'hare often struggling and falling on its side again, till at last the 
' hare lay still as dead for some time. Then the snake moved out 
'of his coil, and slid gently and smoothly on towards the hare, his 
'colours at that instant being ten times more glorious and shining 
' than at other times. As the snake mov'd along, the hare hap- 
'pened to fetch another struggle, upon which the snake made a stop 
'lying at his length, till the hare had lain quiet again for a short 
'space; and then he advanced again till he came up to the hinder 
'parts of the hare, which in all this operation had been towards the 
'snake; there he made a survey all over the hare, raising part of 
'his body above it, then turn'd off and went to the head and nose 
'of the hare, after that to the ears, took the ears in his mouth one 
' after the other, working each apart in his mouth as a man does a wafer 
' to moisten it, then returned to the nose again, and took the face into 
'his mouth, straining and gathering his lips sometimes by one side 
'ofhis mouth, sometimes by the other; at the shoulders he was a long 
'time puzzled, often haling and stretching the hare out at length, 
'and straining forward first one side of his mouth then the other, till 
' got at last he the whole body into his throat. Then we went to him, 
'and taking the twist band off from my hat, I made a noose and 
' put it about his neck : This made him at length very furious, but we 
'having secured him, put him into one end of a wallet, and carried 
'him on horseback five miles to mr. J. B's house where we lodged 
'that night, with a design to have sent him to dr. C. at Williams- 
'burg; but mr. B. was so careful of his slaves, that he would not let 
'him be put into his boat for fear he should get loose and mischief 

them; 



508 The HISTORY 

A. p. drawing a foot, so as to touch one, as he lay coiled; 
among the grass, he bit him behind the ancle ; the first 

notice^ 

'them; therefore the . "ixt morning we killed him, and took the 
' hare out of liis belly, f'x€ head of the liare began to be digested, 
'and the hair falling oti, having lain about eighteen hours in th& 
'snake's belly. 

' In my youth I was a bear-hunting in the woods above the inha- 
'bitants, and having straggled from my companions, I was enter- 
'tainedat my return, with the relation of a pleasant rencounter, 
'between a dog and a rattle-snake, about a squirrel. The snake 
'had got the head and shoulders of the squirrel into his mouth,^ 
'whicli being something too large for his throat, it took him up 
'sometime to moisten the fur of the squirrel witli his spawn, to 
'make it slip down. The dog took this advantage, seiz'd the 
'hinder parts of the squirrel, and tug'd with all his might. The 
'snake on the other side would not let go iiis hold for a long time, 
'till at last, fearing he migiit be bruised by the dog's running away 
'with him, he gave up his prey to the dog, the dog eat the 
'squirrel, and felt no harm. 

'Another curiosity concerning this viper, which I never met with 
'in print, I will also relate from my own observation. 

'Some time after my observation of the charm, my waiting boy 
'being sent abroad on an errand, also took upon liimself to bring 
' home a rattle snake in a noose. I cut off the head of this snake, 
'leaving about an inch of the neck with it; this I laid upon the 
'head of a tobacco hogshead, one S. L. a carpenter, now alive,. 
* being with me. Now you must note, that these snakes have but 
'two teeth, by which they convey their poison, and they are placed 
'in the upper jaw, pretty forward in the mouth, one on each side;, 
'these teeth are hollow and crooked like a cock's spur; they are 
'also loose or springing in the mouth, and not fastened in the jaw- 
'bone as all the other teeth are; the hollow has a vent also through 
'by a small hole a little below the point of the tooth; these two- 
' teeth are kept lying down along the jaw, or shut like a spring-knife, 
'and don't shrink up a-s the talons of a cat or panther; that have 
'also over them a loose thin film or skin of a flesh colour, which rises- 
' over ttiem when they are raised, which I take to be only at the 
'will of the snake to do injury; this skin does not break by the 
' rising of the tooth only, but keeps whole till the bite is given, and 
'then is pierced by the tooth, by which the poison is let out. The 
'head being laid upon the hogshead, I took two little twigs or 
'splinters of slicks, and having turn'd the head upon its crown, 
'opened the mouth, and lifted up the fang or springing tooth on 
'one side seveial times, in doing of which I at last broke the skin ; 
' the head gave a sudden champ with its mouth, breaking from my 
'sticks, in which I observed that the poison ran down in a lump like 
*oyl, round the root of the tooth. Then I turn'd the other side of 

'the 



Of new-jersey. 60& 

notice the man had, was feeling something prick in that A. D, 



spot ; on which turning his head, he saw the snake ; 
another in company immediately killed him, and 
fetching salt, that applied, prevented the venom spread- 
ing much higher than the knee ; he afterwards used 
sweet oil, and the seneca rattle snake root ; the last he 
thought the most effectual : He got well in a few 
days ; a small scar remained. 

Thomas Budd, a proprietor and settler in West- 
Jersey, in a pamphlet, published about 1686, says, 
' The rattle snakes are easily discovered ; they com- 
' monly lie in the paths, for benefit of the sun ; if any 
' person draws nigh them, they shake their tail, on 
' which the rattles grow ; this makes a noise like a 
' child's rattle : I never heard of but one person bitten 
'in Pennsylvania or New- Jersey; he was helped by 

* live chickens slit asunder and applied to the place, 

* which drew out the poison : As to other snakes, the 
' most plentiful are the black snake ; its bite 'tis said, 
' does no more harm than the prick of a pin.' 

The 

' the head, and resolved to be more careful to keep the mouth open 
'on the like occasion, and observe more narrowly the consequence; 
'for it is observed, that though the heads of snakes, terrapins and 
'such like vermin, be cut off, yet tlie body will not die in a long 
'time after; the general saying is till the sun sets. After opening 
'the mouth on tlie otiier side, and lifting up that fang also several 
' times, he endeavoured to give anotiier bite or champ ; but I kept 
' his mouth open, and the tooth pierced the film and emitted a stream 
'like one full of blood in blood-letting, and cast some drops upon 
'the sleeve of the carpenter's shirt, who liad no waistcoat on. I 
'advised him to pull off his shirl, but he would not, and received no 
'harm; and tho' nothing could then be seen of it upon the shirt, 
'yet in washing there appeared five green specks, wiiich every 

* washing appeared plainer and plainer, and lasted so long as the 
'shirt did, which the carpenter told me was about three years after. 
'The head we threw afterwards down upon the ground, and a sow 
'came and eat it before our faces; and received no harm. Now 
'I believe, had this poison lighted upon any place of the carpen- 
'ter's skin, that was scratched or hurt, it might have poisoned him. 
'I take the poison to rest in a small bag or receptacle in the hollow 
'at the root of these teeth ; but I never had the opportunity after- 
' wards to make a farther discovery of that. Beverly's Hist, of Virg, 
*p. 262, tn 266. 



1765. 



610 The HISTORY 

A. D. The wampum snake is very large, of a black and 

white colour; but harmless. The horn or horned 
snake is scarce, and but few have seen them, whence 
many, especially abroad, have doubted there being 
any such : A pers jo of credit in Gloucester county, 
being in the woods not long since, and approaching 
a place where his dog was uncommonly barking, disco- 
vered a very large snake, and trying to kill it, an intol- 
lerable stench prevented his getting near enough ; at 
length he threw a club at a venture, and going next 
day to see the effect, found the snake killed : It was 
uncommonly long and thick, and had a horn at the 
end of his tail, resembling a cock's spur. It is said 
they strike this horn even into trees, and kill them. A 
person of credit now living in Burlington county, also 
relates, that he has seen four, kill'd three of these 
snakes, c- one of them were six or seven feet long : As 
to colour, they are chequered with a yellowish brown 
and white, and when disturbed, hiss like a goose. These 
particular instances were here preferred to a more gene- 
ral account, as niore likely to contribute towards 
putting their existence out of dispute. The viper and 
many other snakes abound also ; but none remarkable 
enough to require a particular description here. 

Of FISH. 
These in great variety, are plenty along the coast, 
in the Delaware and the north river ; the most noted 
are, sturgeon, rock, cod, sheep's-head, horse-mackrel, 
black-fish, sea-bass, flounders, shad, herrings, mun- 
•ches, trout, pike, perch, red perch, sun-fish, many 
inferior sorts; besides, oysters, clams, and other shell 
fish : Most of these supply in great part the New- York 
and Philadelphia markets: The sturgeon are plenty 

up 

c. His son kill'd one this present summer 1765. 



OfNEW -JERSEY. 511 

up the rivers, and when more generally manufactured, 17^* 
will probably answer well in remittances. It is said 
they will grow fat in ponds, and live through the 
winter. 

BIRDS. 

Of these there are great plenty ; as the wild turkey, 
wild geese, wild ducks of many kinds, wild pigeons, 
brant, pheasants, heath-hen, partridges, larks, wood- 
cocks, plovers, snipes, kildees, and great variety of 
other small birds, a few storkes and cranes, many 
herons, hawks, turkey- buzzards, crows, and all other 
birds of prey common to the continent : The wild 
geese, in autumn, flock to the marshes on the sea shore, 
and are often kill'd by gunners ; in the spring they re- 
turn to breed at the northern lakes. The wild pigeons, 
at three or four seasons in the year, commonly pay a 
visit (except in seed time) generally acceptable : They 
have not been observed of late years so plenty as for- 
merly; they then, sometimes, to avoid the north-east 
storms, flew night and day, and thick enough to darken 
the air, and break trees where they settled, and were 
more tame and more wanted ; all which made them an 
article of consequence to the early inhabitants : The 
Indians, before the European settlements, used every 
year regularly to burn the woods, the better to kill 
deer ; the manner was to surround a swamp or cripple 
with fire, then drive the deer out, who not daring over 
the bounds, were easily kill'd with bows and arrows; 
this practice kept the woods clean, so that the pigeons 
readily got acorns, which then not being devour'd by 
hogs, were plenty almost every where, and induced a 
return more frequently than now : They breed chiefly to 
the northward. 



APPENDIX. 



[512] 

A PPK N D IX. 

NTTMBER I. 

The concessions and agreement of the lords proprietors of 
the province of New-Caesarea, or New-Jersey, to 
and with all and every of the adventure7's, and all such 
as shall settle or plant there. 

A. D. TM PRIM US, We do consent and agree, that the governor of 

1664. -*- ^^^^ ^'^^^ province hath power, by the advice of his council, to 

depute one in his place and authority, in case of death or renaoval, 

to continue until our further order, unless we have commissioned 

one before. 

2. Item. That he hath likewise power to make choice of, and 
take to him six councellors at least, or twelve at most, or any 
even number betwixt six and twelve, with whose consent and advice, 
or with at least three of the six, or four of a greater number 
(all being summon'd) he is to govern according to the limitations 
and instructions following, during our pleasure. 

3. Item. That the chief secretary or register which we have 
chosen, or shall choose, (we failing) that he shall choose, shall keep 
exact entries in fair books, of all publick affairs: And to avoid 
deceits and lawsuits, shall record and enter all grants of land from 
the lords to the planters; and conveyances of land, house or 
houses, from man to man, as also all leases for land, house or houses, 
made or to be made by the landlord to any tenant, for more than one 
year; which conveyance or lease shall be first acknowledged by 
the grantor or lessor, or proved by the oath of two witnesses to the 
lease or conveyance, before the governor, or some chief judge of a 
court, for the time being, who shall under his hand, on the backside 
of the said deed or lease, attest the acknowledgement or proof as 
aforesaid ; which shall be a warrant for the register to record the 
same : Which conveyance so recorded shall be good and effectual in 
law, notwithstanding any other conveyance, deed or lease for the 
said land, house or houses, or for any part thereof, altho' dated 
before the conveyance, deed or lease, recorded as aforesaid : And 
the said register shall do all other thing or things that we by our in- 
structions sliall direct, and the governor, council and general assembly 
shall ordain, for the good and welfare of the said province. 

4. Item. That the surveyor general that we have chosen or shall 
choose, (we failing that the governor shall choose) shall have power 
by himself or deputy, to survey, lay out and bound all such lands 
as shall be granted from the lords to the planters; and all other 
lands within the said province, which may concern particular men, 
as he shall be desired to do, and a particular account thereof certify 

to 



APPENDIX. 613 

to the register, to be recorded as aforesaid. Provided, that if the said A. D. 

register and surveyor, or either of them, shall misbehave themselves, 1664. 

as that the governor and council, or deputy governor and council, 
-or the major part of them, shall find it reasonable to suspend their 
actings in their respective employments, it shall be lawful for them 
60 to do, until further orders from us. 

5. Item. That the governor, councillors, assembly men, secretary, 
surveyor, and all other officers of trust, shall swear or subscribe (in 
a book to be provided for that purpose) that they will bear true 
■allegiance to the king of England, his heirs and successors ; and 
that they will be faithful to the interests of the lords proprietors of 
•of the said province, and their heirs, executors and assigns; and 
-endeavour the peace and welfare of the said province ; and that they 
■will truly and faithfully discharge their respective trust, in their re- 
spective offices, and do equal justice to all men, according to their 
best skill and judgment, without corruption, favour or affection; 
and the names of all that have sworn or subscribed, to be entered in 
a book : And whosoever shall subscribe and not swear, and shall 
violate his promise in that subscription, shall be liable to the same 
punishment that the persons are or may be, that have sworn or 
broken their oaths. 

6. Item. That all persons that are or shall become subjects of the 
king of England, and swear or subscribe allegiance to the king, and 
faithfulness to the lords, shall be admitted to plant, and become 
freemen of the said province, and enjoy the freedoms and immunities 
hereafter express'd, until some stop or contradiction be made by us 
tlie lords, or else the governor, council and assembly; which shall 
be in force until the lords see cause to the contrary : Provided, that 
«uch stop shall not any ways prejudice the right or continuance of 
any person that have been received before such stop or orders come 
■from the general assembly. 

7. Item. That no person qualified as aforesaid, within tlie said 
province, at any time shall be any ways molested, punished, disquieted 
or called in question, for any difference in opinion or practice in 
matters of religious concernments, who do not actually disturb the 
civil peace of the said province ; but that all and every such person 
and persons, may, from time to time, and at all times, freely and 
fully have and enjoy his and their judgments and consciences, in 
matters of religion, throughout the said province, they behaving 
themselves peaceably and quietly, and not using this liberty to licen- 
tiousness, nor to the civil injury or outward disturbance of others ; 
any law, statute or clause contained, or to be contained, usage or 
custom of this realm of England, to the contrary thereof in any 
wise notwithstanding. 

8. Item. That no pretence may be taken by our heirs or assigns, 
for or by reason of our right of patronage and power of advouson 
granted by hig majesty's letters patents, unto his royal highness 
James duke of York, and by his said royal highness unto us, thereby 
to infringe the general cause of liberty of conscience aforementioned : 
We do hereby grant unto the general assembly of the said province, 

power 

2k 



614 APPENDIX. 

A. D. power by act, to constitute and appoint, such and so many ministers 
1664. or preachers as they shall think fit, and to establish their maintenance, 

giving liberty beside to any person or persons to keep and maintain 
what preachers or ministers they please. 

9, Item. That the inhabitants being freemen, or chief agents to 
others of the province aforesaid ; do, as soon as this our coramissioa 
shall arrive, by virtue of a writ, in our names, by the governor, to 
be for the present (until our seal comes) sealed and signed, make 
choice of twelve deputies or representatives, from amongst them- 
selves; who being chosen, are to join with the said governor and 
council, for the making of such laws, ordinances and constitutions 
as shall be necessary for the present good and welfare of the said 
province : But so soon as parishes, divisions, tribes, and other distinc- 
tions are made, that then the inhabitants or freeholders of the several 
respective parishes, tribes, divisions and dislrictions aforesaid, do by 
our writs, under our seals, (which we ingage shall be in due time 
issued) annually meet on the first day of January, and choose free- 
holders for each respective division, tribe or parish, to be the de- 
puties or representatives of the same : Which body of representa- 
tives, or the major part of them, shall, with the governor and 
council aforesaid, be the general assembly of the said province; the 
governororhisdeputy being present, unless they shall wilfully refuse; 
in which case they may appoint themselves a president during the 
absence of the governor, or the deputy goveriior. 

Which assemblies are to have power, 
First. To appoint their own time of meeting, and to adjourn their 
sessions from time to time, to such times and places as they shall 
think convenient ; as also to ascertain the number of their quorum ; 
provided, the said number be not less than the third part of the whole, 
in whom (or more) shall be the full power of the general assembly. 
Secondly. To enact and make all such laws, acts and constitutions 
as shall be necessary for the well government of the said province, 
and them to repeal : Provided, that the same be consonant to reason, 
and as near as may be, conveniently agreeable to the laws and 
customs of his majesty's kingdom of England : Provided also, that 
they be not against the interest of us the lords proprietors, our heirs 
or assigns, nor any of those our concessions, especially that they be 
not repugnant to the article for liberty of conscience abovemen- 
tioned ; which laws, &o. so made, shall receive publication from 
the governor and council, (but as the laws of us and our general 
assembly) and be in force for the space of one year, and no more; 
unless contradicted by the lords proprietors ; within which time, they 
shall be presented to us, our heirs, &c. for our ratification ; and 
being confirmed by us, they shall be in continual force, till expired 
by their own limitation, or by act of repeal, in like manner to be 
passed as aforesaid, and confirmed. 

Thirdly. By act as aforesaid, to constitute all courts, together 
with the limits, powers and jurisdictions of the same, as also the 
several offices, and number of the officers belonging to each court, 
with their respective salaries, fees, and perquisites, their appellations 
and dignities, with the penalties that shall be due to them, for the 
breach of their several and respective duties and trusts. 



APPENDIX. 515 

Fourthly. By act as aforesaid, to lay equal taxes and assessments A. D. 
equally to raise monies or goods upon all lands (except such as belong 1664. 

to us the lord proprietors before settling) or persons within the several 
precincts, hundreds, parishes, manors, or whatsoever other divisions 
shall hereafter be made, and established in the said province, as 
often as necessity shall require, and in such manner as to ihem shall 
seem most equal and easy for the said inhabitants, in order to the 
better supporting of the publick charge of the said government, 
and for the mutual safety, defence, and security of the said pro- 
vince. 

Fifthly. By act as aforesaid, to erect within tlie said province, such 
and so many manors, with their necessary courts, jurisdictions, free- 
doms and privileges, as to them shall seem meet and convenient; as 
also to divide the said province into hundreds, parishes, tribes, or 
such other divisions and districtions as they shall think fit, and the 
Kaid divisions, to distinguish by what names we shall order or direct, 
and in default thereof, by such names as they please; as also in th» 
said province to create and appoint such and so many ports, har- 
bours, creeks and other places, for the convenient loading and 
unloading of goods and merchandize, out of shipi^, boats, and other 
vessels, as shall be expedient with sucli jurisdictions, privilege* 
and franchises, to such ports &c. belonging, as they shall judge most 
conducing to the general good of the said plantation or province. 

Sixthly. By their enacting, to be confirmed as aforesaid, to erect,, 
raise and build within the said province, or any part thereof, such 
and so many forts, fortresses, castles, cities, corporations, boroughs, 
towns, villages, and other places of strength and defence ; and them, 
or any of them, to incorporate with such charters and privileges, as 
to them shall seem good, and the grant made unto us, will permit ; and 
the same, or any of them, to fortify and furnish with such provisions 
and proportions of ordnance, powder, shot, armour, and all other 
weapons, ammunition and habiliments of war, both offensive and de- 
fensive, as shall be thought necessary and convenient for the safety and 
welfare of the said province ; but they may not at any time demolish, 
dismantle, or disfurnish the same, without the consent of the 
governor and the major part of the council of the said province. 

Seventhly. By act as aforesaid, to constitute trained bands and 
companies, with the number of soldiers, for the safety, strength, 
and defence of the said province, and of the forts, castles, cities, &c. 
to suppress all mutinies and rebellions, to make war offensive and 
defensive, with all Indians, strangers and foreigners, as they shall 
see cause ; and to pursue an enemy as well by sea as by land (if need 
be) out of the lim-its and jurisdictions of the said province, with the- 
particular consent of the governor, and under his conduct, or or 
our commander in chief, or whom he shall appoint. 

Eighthly. By act aforesaid, to give to all strangers, as to them 
shall seem meet, a naturalization, and all such freedoms and privileges- 
within the said province, as to his majesty's subjects do of right belong,, 
they swearing or subscribing as aforesaid ; which said strangers, so 
naturalized and privileged, shall be in all respects accounted in the 
said province as the king's natural subjects. 

^ Ninthly, 



616 APPENDIX. 

A. D. Ninthly. By act as aforesaid, to prescribe the quantities of 

1664. land which shall be from time to time allotted to every bead, free 

or servant, male or female, and to make or ordain rules for the 
casting of lots for land, and the laying out of the same: Provided, 
that tiiey do not in their prescriptions, exceed the several proportions 
which are hereby granted by ns, to all persons arriving in the said 
province, or adventuring > ither. 

Tenthly. The general «isembly, by act as aforesaid, shall make 
provision for the maintenance and support of the governor, and for 
the defraying of all necessary charges of the government ; as also the 
constables of the said province, shall collect the lords rent, and shall 
pay the same to the receiver that the lords shall appoint to receive the 
same ; unless the said general assembly shall prescribe some other way 
whereby the lords may have their rents duly collected, without 
charge or trouble to them. 

Eleventhly, and lastly. To enact, constitute and ordain, all such 
other laws, acts and constitutions, as shall or may be necessary for 
the good prosperity and settlement of the said province (excepting 
what by these presents is excepted) and conforming to tlie limitations 
herein exprest. 

The governor is with his council before expressed, 

First. To see that all courts established by the laws of the general 
assembly, and all ministers and officers, civil and military, do and 
execute their several duties and offices respectively, according to the 
laws in force, and to punish them for swerving from the laws, or 
acting contrary to their trust, as the nature of their oS'ences thall 
require. 

[Secondly, According to the constitution of the general assembly, 
to nominate and commissionate the several. judges, members and 
officers of courts, whether magistratical or ministerial, and all other 
civil officers, coroners, &c. and their commissions, powers and autho- 
rity, to revoke at pleasure. Provided, that they appoint none IjuI 
such as are freeholders in the province aforesaid, unless the general 
assembly consent. 

Thirdly, According to the constitution of the general assembly, 
to appoint courts and officers, in cases criminal, and to impower 
them to inflict penalties upon ofienders. against any of the laws in 
force in the said province, as the said laws shall ordain ; whether by 
fine, imprisonment, banishment, corporal punishment, or to the 
taking away of member or life itself, if there be cause for it. 

Fourthly. To place officers and soldiers for the safety, strength and 
defence of the forts, castles, cities, &c. according to the number 
appointed by the general assembly, to nominate, place and commis- 
sionate all military officers under the dignity of the said governor, who 
iscommissionated by us,overtheseveral train'd bands and companies, 
constituted by the general assembly, as colonels, captains, &c. and 
their commissions to revoke at pleasure: The governor, with the 
advice of his council, unless some present danger will not permit 
him, to advise to muster and train all forces within the said pro- 
vince, to prosecute war, pursue an enemy, suppress all rebellions 

and 



APPENDIX. 617 

and mntiniep, as well by sea as land; and (o exercise the whole A. D. 

militia, as full_y as we by the grant from his royal highness can ira- 1664. 

power them to do: Provided, tiiat they appoint no military forces but 
■what are freeholders in the said province, unless the general assemblj 
ehall consent. 

Fifthly. Where they see cause, after condemnation, to reprieve, 
until the case be presented, with a copy of the whole trial, proceed- 
ings and proofs, to the lords, who will accordingly either pardon 
or command execution of the sentence on the offender; who is in 
mean time to be kept in safe custody, till the pleasure of the P-ds 
be known. 

Sixthly, In case of death or other removal of any of the repre- 
sentatives within the year, to issue summons, by writ, to the respec- 
tive division or divisions for which he or they were chosen, com- 
manding the freeholders of the same to choose others in their stead. 

Seventhly, To make warrants and seal grants of lands, according to 
thoseourconcessionsand the prescriptions by the advice of thegeneral 
assembly, in such form as shall be at large set down in our instructions 
to the governor, in his commission, and which are hereafter expressed. 

Eighthly, To act and do all other tilings that may conduce to 
the safety, peace and well government of the said province, as they 
shall see fit; so as they be not contrary to the laws of the said pro- 
vince. 
And for the better security of all the inhabitants in the said province. 

First. They are not to impose, nor sufler to be imposed, any tax, 
custom, subsidy, tallage, assessment, or any other duty whatsoever, 
upon any colour or pretence, upon the said province and inhabitants 
thereof, other than what shall be imposed by the authority and con- 
sent of the general assembly, and them only in manner as aforesaid. 

Secondly. They are to take care, that lands quietly held, planted 
and possessed seven years after its being duly surveyed by the 
eurveyor general, or his order, shall not be subject to any review, 
re-survey or alteration of bounds, on what pretence soever, by any 
of us, or any oflScer or minister under us. 

Thirdly. They are to take care, that no man, if his cattle stray 
or range, or graze, on any ground within the said province, not 
actually appropriated or set out to particular persons, shall be liable 
to pay any trespass for the same, to us, our heirs, or executors. 
Provided, that custom of commons be not thereby pretended to, nor 
any person hindered from taking up and appropriating any lands so 
grazed upon, and that no person do purposely suflTer his cattle to 
graze on such lands. 

And that the planting of the said province may be the more speedily 
promoted. 

First. We do hereby grant unto all persons who have already 
adventured into the said province of New-Caesaria, or New-Jersey, 
•orshalltransportthemselvesorservanlsbefnrethefirstof day January, 
which shall be in the year of our lord, 1665, these following pro- 
portions, viz. To every freeman that shall go with the first governor 
from the port where he embarks (or shall meet him at the rendezvous 

he 



618 APPENDIX. 

A. D. he appoints for the settlement of a plantation, there armed with a 

1664, good musket, bore twelve bullets to the pound, with ten pounds 

of powder and twenty pounds of bullets, with bandaliers and 
matches convenient, and with six months provision ; for his own person 
arriving there, one hundred and fifty acres of land, English measure; 
and for every able man sc vant, that he shall carry with him, armed 
and provided as aforesaid^and arriving there, tiie like quantity of 
one hundred and fifty acres of land, English measure ; and whosoever 
shall send servants at that lime, sliall have, for every able man servant 
he or she shall send armed and provided as aforesaid, and arriv- 
ing there, the like quantity of one hundred and fifty acres; and for 
every weaker servant or slave, male or female, exceeding the age of 
fourteen years, which any one shall send or carry, arriving there, 
seventy five acres of land ; and to every christian servant, exceeding 
the age aforesaid, after the expiration of their lime of service, 
seventy five acres of land for their own uses. 

Secondly. Item, To every master or mistress, that shall go before 
the first day of January, which shall be in the year of our lord 1665,. 
one hundred and twenty acres of land ; and for every able man 
servant, that he or she siiall carry or send armei and provided as 
aforesaid, and arriving within the lime aforesaid, the like quantity 
of one hundred and twenty acres of land ; and for every weaker 
servant or slave, male or female, exceeding the age of fourteen 
years, arriving there, sixty acres of land ; and to every christiatt 
servant, to their own use and behoof, sixty acres of land. 

Thirdly. Item, To every free man or free woman, that shall arrive in 
the said province, armedand provided as aforesaid, within the second 
year, from the first day of January 1665, to the first day of January 
1666, with an intention to plant, 90 acres of land, English measure; 
and for every able man servant, that he or she shall carry or send 
armed and provided as aforesaid, ninety acres of land like measure. 

Fourthly, Item. For every weaker servant or slave, aged as afore- 
said, that shall be so carried or sent thither within the second year,, 
as aforesaid, forty-five acres of land of like measure; and to every 
christian servant that shall arrive the second year, forty-five acres of 
land of like measure, after the expiration of his or their time of 
service, for their own use and behoof. 

Fifthly, Item. To every free man and free woman, armed and 
provided as aforesaid, that shall go and arrive with an intention ta 
plant, within the third year, from January 1666, to January 1667, 
armed and provided as aforesaid, three score acres of land of like 
measure; and for every able man servant, that he or they shall 
carry or send within the said time, armed and provided as aforesaid, 
the like quantity of three score acres of land ; and for every weaker 
servant or slave, aged as aforesaid, that he or they shall carry or 
send within the third year, thirty acres of land ; and to every 
christian .servant so carried or sent in the third year, thirty acres 
of land of like measure, after the expiration of their time of 
service. All which land, and all other that shall be possessed in 
the said province, are to be held on the same terms and conditions 
as is before mentioned, and as hereafter in the following paragraphs 



APPENDIX. 519 

is more at large expressed. Provided always, that the before menti- A. D. 

oned land, and all other whatsoever, that sliall be taken up and so 1664. 

settled in the said province, shall afterward from time to time for ihe 
space of thirteen years, from the date hereof, be held upon the 
conditions aforesaid, continuing one able man servant or two snch 
■weaker servants as aforesaid, on every hundred acres a master or 
mistress shall possess, besides what was granted for his or her own 
person ; in failure of which, upon other disposure to the present 
-occupant, or his assigns, there shall be three years giring to such 
for their compleating the said number of persons, or for their sale or 
-dispositions of such part of their lands, as are not so peopled within 
such time of three years : If any such person Jiolding any land, shall 
fail, by himself his agents, executors or assigns, or some other way 
4o provide such number of persons, unless the general assembly shall 
without respect to poverty, judge it was impossible for the party so 
failing, to keep or procure his or her number of servants to be pro- 
vided for as aforesaid ; in 6uch case, we the lords to have power of 
disposing of so much of such land as shall not be planted with its due 
number of persons as aforesaid, to some others that will plant the 
same. Provided always, that no person arriving in the said pro- 
vince, with purpose to settle (they being subjects or naturalized as 
aforesaid) be denied a grant of such proportions of land, as at the 
time of their arrival there are due to themselves or servants, by 
•concession from us as aforesaid ; but have full licence to take up and 
settle the same, in such order and manner as is granted or prescrib'd. 
All lands (notwithstanding the powers in the assembly aforesaid ) shall 
■be taken up by warrant from the governor, and confirmed by the 
•governor and council, under a seal to be provided for that purpose, 
in such order and method, as shall be set down in this declaration, 
and more at large in the instruction to the governors and council. 

And that the lands may be the more regularly laid out, and &11 
persons the better ascertained of their titles and possession. 

First. The governor and council and general assembly, (if any 
he) are to take care, and direct that all lands be divided by general 
lots, none less than two thousand one hundred acres, nor more than 
twenty-one thousand acres in each lot, excepting cities, towns, &c. 
and the near lots of townships; and that the same be divided into 
seven parts ; one seventh part to us, our heirs and assigns ; the re- 
mainder to persons as they come to plant the same, in such propor- 
tions as is allowed. 

Secondly, Item. That the governor, or whom he shall depute, 
in case of death or absence, if some be not before coram issionated 
by us as aforesaid, to give to every person to whom land is due, 
a warrant, signed and sealed by himself, and the major part of his 
•council, and directed to the surveyor general, or his dep<ity, com- 
manding him to lay out, limit at>d bound acres of land, (as 
his due proportion) is for such a person, in such allotment, according 
to the warrant; the register having first recorded the same, and at- 
tested the record upon the warrant: The surveyor general, or hia 
■deputy, shall proceed and certify to the chief secretary or register, 
4he name of the person for whom he hath laid out land, by virtue 

of 



620 APPENDIX. 

A. D. of what authority, the date of the authority or warrant, the number 

1664. of acres, the bounds, and on what point of compass the several 

limits tliereof lye; which certificate the register is likewise to enter 
in a book to be prepared for that purpose, with an alphabetical tabic, 
referring to the book, that so the certificate may be the easier found ; 
and then to file the certificates, and the same to keep safely: The 
certificate being entered, a warrant comprehending all the particulars 
of land mentioned in the certificate aforesaid, is to be signed and 
sealed by him and his council, or the major part of them as afore- 
said, they having seen the entry, and directed to the register or chief 
secretary, for his preparing a grant of the land to the party for whom 
it is laid out; which grant, shall be in the form following, viz. 

'The lords proprietors of the province of New-Ci3esaria, or New- 

' Jersey, do hereby grant unto A. B. of the in the province 

'aforesaid, a plantation, containing acres, English measure; 

'bounding as in the certificate, to hold to him or her, his or 
'her heirs and assigns for ever, yielding and paying yearly unto the 
'said lords proprietors, their heirs or assigns, every twenty fifth day 
'of March, according to the English accorapt, one half penny of 
'lawful money of England, for every of the said acres, to be holden 
'as of the manor of East Greenwich, in free and common socage, the 
' first payment of Avhich rents to begin the 2oth day of March, which 
'shall be in the year of our lord 1670, according to the English 

* accompt. Given under the seal of the said province, the 

'day in the year of our lord 166 ' 

To which instrument the governor or his deputy, hath hereby 
full power to put the seal of the said province, and to subscribe 
his name; as also the council, or major part of them, are to sub- 
scribe their names, and then the instrument or grant is to be by the 
register recorded in the book of records for that purpose ; all which 
being done according to these instructions, we hereby declare, that the 
same shall be eflfectual in law, for the enjoyment of the said plantati- 
on, and all the benefits and profits of and in the same, (except the half 
part of mines of gold and silver,) paying the rent as aforesaid : Pro- 
vided, that if any plantation so granted, shall by the space of three 
years, be neglected to be planted with a sufficient number of servants- 
as is before mentioned, that then it shall and may be lawful for us 
otherwise to dispose thereof, in whole or in part, this grant notwith- 
standing. 

Thirdly. Item, We do also grant convenient proportions of land 
for high ways and streets, not exceeding one hundred feet in breadth 
in cities, towns and villages, &c. and for churches, forts, wharfTs, keys^ 
harbours, and for publick houses, and to each parish for the use of 
their ministers, two hundred acres, in such places as the general 
assembly shall appoint. 

Fourthly. Item, The governor is to take notice, that all such lands 
laid out for the uses and purposes aforesaid, in the neSl preceding 
article, shall be free and exempt from all rents, taxes and other 
charges and duties whatsoever, payable to us, our heirs or assigns. 

Fifthly. Item, That in laying out lands for cities, towns, villages, 
boroughs, or other hamlets, the said lands be divided into seven parts, 

one 



APPENDIX. 521 

one seventh part whereof to be by lot laid out for us, and the rest A. D. 

to be divided to such as shall be willing to build thereon, they paying 1664. 

after the rate of one penny or half penny per acre, (according to the 
value of the land) yearly to us, as for their other lands as aforesaid ; 
which said lands in the cities and towns, &c. is to be assured to each 
possessor by the same way and instrument, as is before luentioned. 

Sixthly. Item. That all rules relating to the building of each 
st.reet, or quantity of ground to be allotted to each house witliin the 
said respective cities, boroughs and towns, be wholy left, by act as 
aforesaid, to the wisdom and discretion of the general assembly. 

Seventhly. Item. That the inhabitants of tlie said province have 
free passage thro' orby any seas, bounds, creeks, rivers, or rivulets &c, 
in the said province, through or by which they must necessarily pas3 
to come fi-om the main ocean to any part of the proviuce aforesaid. 

Eighthly and lastly. Itshall be lawful for the representatives of the 
freeholders, to make any address to tlie lords, toucliing the governor 
or council, or any of tliem, or concerning any grievance whatsoever, 
or for any other thing they shall desire, without tlie consent of the 
governor and council, or any of them. Given under our seal of our 
8aid province, the 10th day of February, in they ear of our lord 1664. 

Berkeley, 
G. Carteret. 



NUMBER II. 

The concessions and agreements of the 'proprietors, free- 
holders and inhabitants of the province of West New- 
Jersey, in America. 

CHAP. I. 

WE do consent and agree as the best present expedient, that such A. I>. 

persons as shall be from time to time deputed, nominated and 1676. 

appointed commissioners by tiie present proprietors, or the major part 
of them, by writing under their hands and seals, slia II be commissioners 
for the time being, and have power to order and manage the estate and 
affa'irs of the said province of West New-Jersey, according to these our 
concessions hereafter following, and to depute others in their place 
and authority in case of death or removal, and to continue until 
some other persons be deputed, nominated and appointed by the 
said proprietors or the major part of them, to succeed tiiem in that 
office and sejjvice. And the commissioners for the time being, are 
to take care, for setting forth and dividing all the lands of the said 
province as be already taken up, or by themselves shall be tnken up 
and contracted for with the natives; and the said lands so taken up 
and contracted for, to divide into one hundred parts, as occasion shall 
require; tiiat is to say, for every quantity of land that they shall 
from time to time lay out to be planted aYid .settled upon, they .«hall 
first, for expedition, divide th« same into ten equal parts or shares, 

and 



522 APPENDIX. 

A. D. and for distinction sake, to mark in the register, and npon some of 

1676. the trees belonging to every tenth part, with the letters A. B. and so 

end at the letter K. And after the same is so divided and marked, 
the said commissioners are to grant nnlo Thomas Hutchinson, of 
Beverly, Thomas Pearson, of Bonwicke, Joseph Helmsiy, of Great 
Keike, George Hutchinson, of Sheffield, and Mahlon Stacy, of 
Hansworth, all of the connty of York, or their lawful deputies, or par- 
ticular commissioners, for themselves and their friends, who are a con- 
siderable number of people, and many speedily promote the planiing 
of the said province. That they may have free liberty to make 
choice of any one of the said tenth parts or shares, which shall be 
first divided and set out, being also done with their consent, that they 
may plant upon the same as they see meet ; and afterward any other 
person or persons who shall go over to inhabit, and have purchased 
to the number of ten proprieties, they shall and may have liberty to 
make choice of any of the remaining parts or shares to settle in : And 
all other proprietors who shall go over to settle as aforesaid, and 
cannot make up amongst them tlie number of ten proprietors; yet 
nevertheless, they shall and may have liberty to make choice of 
settling in any of the said tenth shares, that shall not be taken up 
before: And the commissioners have hereby power to see the said 
one tenth part, that they shall so make choice of, laid out and divided 
into ten proprieties, and to allot them so many proprieties out of 
the same as they have order for; and the said commissioners are to 
follow these rules, until they receive contrary order from the major 
part of the proprietors, under their hands and seals. 

The said commissioners for the time being, have hereby power 
for appointing and setting out fit places for towns, and to limit the 
boundaries thereof; and to take care they be as regular built as the 
present occasion, time, and conveniency of the places will admit of. 
And that all towns to be erected and built, shall be with the consent 
of the commissioners for the time being, or the major part of them. 
And further, the said commissioners are to order the affairs of the 
said province, according to these concessions, and any other instruc- 
tions that shall be given them by the major part of the proprietors, 
until such time as more or other commissioners shall be chosen by the 
inhabitants of West-Jersey, as here in these concessions is mentioned 
and appointed. 

And it is further expressly provided and agreed to, that whereas 
there is a contract or agreement granted by William Penn, Gawen 
Lawrie and Nicholas Lucas, unto Thomas Hut^-hinson, Thomas 
Pearson, Joseph Helmsiy, George Hutchinson and Mahlon Stacy, 
dated the second day of the month called March, 1676, instant, 
wherein they grant unto the said persons, certain privileges for a town 
to be built, whereby they have liberty to choose their own magistrates 
and officers for executing the laws according to the concessions within 
the said town ; which said contract or agreement is to t)e held firm 
and g^od to all intents and purposes, and we do by these our concessi- 
ons confirm the same. 

CHAP. 



APPENDIX. 623 

C H A P . I I . A. D. 



AN D that all and every person and persons, may enjoy his and 
their just and equal propriety and purchase of lands, in the 
Baid province; it is hereby agreed, concluded and ordained, that 
the surveyor or surveyors, that the said proprietors have deputed and 
appointed, or shall depute and appoint; they failing, that the com- 
missioners shall depute and appoint, or that the general free assembly 
hereafter shall depute and a[)point, shall have power by him or them- 
selves, or his or their lawful deputy or deputies, to survey, lay out or 
bound, all the proprietors lands, and all such lands as shall be grant- 
ed from any of the proprietors to the freeholders, planters, or in- 
habitants, and a particular or terrior thereof, to certify to the re- 
gister, to be recorded. 

CHAP. III. 

THAT hereafter upon further settlement of the said province, 
the proprietors, freeholders, and inhabitants, resident upon 
the said province, shall and may, at or upon tlie five and twentieth 
day of the month called March, which shall be in the year accord- 
ing to the English account, one thousand six hundred and eighty; 
and so thence forward, upon the five and twentieth day of March 
yearly, by the ninth hour in the morning of the said day, as-iemble 
themselves together, in some publick place to be ordered and ap- 
pointed by the commissioners for the time being; and upon default 
of such appointment, in such place as they shall see meet, and then 
and there elect of and amongst themselves, ten honest and able 
men, fit for government, to officiate and execute the place of com- 
missioners for the year ensuing, and until such time as ten more for 
the year then next following, shall be elected and ajipointed : Which 
said elections shall be as followeth, that is to say, the inhabitants 
each ten of the one hundred proprieties, shall elect and choose one, 
and the one hundred proprieties shall be divided into ten divisions 
or tribes of men. 

And the said elections shall be made and distinguished by balloting 
trunks, to avoid noise and confusion, and not by voices, holding 
up of the hands, or otherwise howsoever : Which said commissioners 
so yearly to be elected, shall likewise govern and order the affairs 
of the said province, (pro tempore) for the good and welfare of 
the said people, and according to these our concessions, until such 
time as the general free assembly shall be elected and deputed in 
euch manner and wise as is hereafter expressed and contained. 

CHAP. IV. 

And that the planting of the said province be the more speedily 
promoted, it is consented, granted, concluded, agreed and 
declared. 

First, rp H A T the proprietors of the said province, have and do 
JL hereby grant unto all persons, who by and with the consent 
of one or more of any of the proprietors of the said province, at- 
tested 



1676. 



524 APPENDIX. 

A. D. tested by the certificate, under his or their hands and Reals, adventure 
1676. tothesaidprovinceof west New- Jersey, and shall transport themselves 

or servants, before the firsi day of the month commonly called April, 
■which shall be in the year of our lord one thousand six hundred 
seventy and seven, these following proportions, viz. For his own 
person arriving, seventy acres of land, English measure; and for every 
able man servant that he shall carry with him, and arriving there, 
the like quantity of seventy acres of laud, English measure: And 
whosoever shall send servants before that time, shall have for every 
able man servant, he or they so send as aforesaid, and arriving there, 
the like quantity of seventy acres ; and for every weaker servant, 
male or female, exceeding the age of fourteen years, which any 
one shall send or carry, arriving there, fifty acres of land ; and after 
the expiration of their time of service, fifty acres of land for their 
own use and behoof, to hold to them and their heirs forever. AH 
8uch person and persons, freemen or servants, and their res<peclive 
heirs and assigns, afterwards paying yearly to the proprietor, his 
heirs and assigns, to whom the said lands belong, one penny an acre, 
for what shall be laid out in towns, and one half penny an acre, for 
what shall be laid out elsewiiere : Tiie first yearly payment to begin 
within two years after the lands are laid out. 

Secondly, To every master or mistress, that by and with such 
consent aforesaid, shall go hence the second year, before the first day 
of the month called April, which shall be in the year one thousand 
six hundred seventy and eight, fifty acres of land; and for every 
able man servant, that he or she shall carry or send, and arriving 
there, the like quantity of fifty acres of land ; and for every weaker 
servant, male or female, exceeding the age of fourteen years, arriv- 
ing there, thirty acres of land ; and after the expiration of their 
service, thirty acres of land, for their own use and behoof; to hold 
to them and their heirs forever: All the said persons, and their re- 
spective heirs and assigns, yearly paying as aforesaid, to the proprie- 
tor, his heirs and assigns, to whom the land belongs, one penny 
farthing the acre, for all such lands as shall be laid out in towns^ 
and three farthings the acre, for all that shall be laid out elsewhere. 

Thirdly, To every freeman that shall arrive in the said province, 
within the third year, from the first day of the month commonly 
called April, in the year one thousand six hundred seventy and 
eight, to the first of the said month called April, one thousand six 
hundred seventy and nine, (with an intention to plant) forty acres 
of land, English measure; and for every able man servant, that he 
or she shall carry or send as aforesaid, forty acres of land, of like 
measure ; and for every weaker servant, aged as aforesaid, that shall 
be so carried or sent thither, within the third year as aforesaid, twenty 
acres of land, of like measure; and after the expiration of his or 
their time of service, twenty acres of land for their own use and 
behoof; to hold to them and to their heirs forever : All the said per- 
sons and their heirs and assigns, paying yearly as aforesaid, to the 
proprietor, his heirs and assigns, with whom they contract for the 
same, one penny halfpenny the acre, for what shall be laid out ia 
towns, and one penny the acre for what kshall be laid out elsewhere. 

All 



APPENDIX. 625 

All which lands that shall be possessed in the said province, are to be A. D. 
held under, and according to the concessions and conditions as is 1676. 

before mentioned, and as hereafter in the following paragraph, is 
more at large expressed. Provided always, that the before mentioned 
land that shall be taken up and so settled in the province as aforesaid, 
shall from the date hereof, be held upon the conditions aforesaid, 
containing at least, two able men servants, or three such weaker 
servants as aforesaid, for every hundred acres ; and so proportionably 
for a lesser or greater quantity as one liundred acres, besides what 
a master or mistress shall possess, which w;is granted for his or her 
own person ; in failure of which, upon notation to the present oc- 
cupant or his assigns, there shall be three years given to such, for 
the compleating the said number of servants, and for their sale or 
other disposure of such part of their lands as are not so peopled: 
Within which time of three years, if any persons holding any 
land, shall fail by himself, his agents, executors or assigns, or some 
other way, to provide such number of persons, (unless the general 
assembly shall without respect to poverty, judge it was impossible 
for the party so failing to keep liis or her number of servants to be 
provided as aforesaid) in such case the commissioners are to summon 
together twelve men of the neighbourhood, upon such inquest, ver- 
dict and judgment past of such default; they are and have power 
of disposing of so much of such land, for any term of years, not ex- 
ceeding 20 years, as shall not be planted with its due number of per- 
sons as aforesaid, to some other that will plant the same ; reserving 
and preserving to the proprietor, or his lawful assigns, the rents to 
become due and owing, for or in respect of the same, according to 
the tenor and efifiect of these concessions. And further, that every pro- 
prietor thatgoeth over in person, and inhabit in the said province, sliall 
keep and maintain upon everf lot of land that they shall take up, one 
person at least ; and if the lot shall exceed 200 acres, he shall keep and 
maintain for every 200 acres, the like quantity of one person at the least. 
And for all other proprietors that doth but go over in person, and 
inhabit in the said province, shall keep and maintain wpon every lot 
of land that shall fall to them, one person at the least; and if the 
said lot exceed one hundred acres, then upon every hundred acres 
that fall to them as aforesaid, they shall keep and maintain one 
person at the least : And if any neglect or deficiency shall be found in 
any of the proprietors, of their keeping and maintaining the number 
of persons before mentioned ; that then and in that case, the com- 
missioners are to dispose upon the said lands for any term of years 
not exceeding twenty, to any person or persons that will keep and 
maintain upon the said lands the number of persons as before is 
mentioned ; reserving always unto the said proprietors, the rents that 
shall fall due for the same, as before is reserved and a[)pointed to 
be so. Always provided, that the keeping and maintaining of the 
said number of persons upon the several lots and number of acres 
before mentioned, is to continue for ten years from the date of the 
concessions, and no longer ; except where there have been any defi- 
ciency, so as the commissioners have let the lands for a longer time, 
to any person or persons, they are to enjoy the same during the term 

granted 



526 APPENDIX. 

A. D. granted them by the commissioners ; any thing in this last proviso, 
1676. to the contrary notwithstanding. 

CHAP. V. 

And for the regular laying out of all lands whatsoever in the said 
province, this method is to be followed by the register and surveyor. 

THAT the register to be appointed as aforesaid, having recorded 
any grant from any of the proprietors, to any person, for any 
quantity or quantities of acres, shall make out a certificate to the 
surveyor or his deputy, enjoining him to lay out, limit and bound 

acres of land, for A. B. out of the several lots of 

C. D. one of the proprietors, in the proportions following; that is 
to say, part thereof in the lot of said C. D. in 

which the surveyor or his deputy, shall lay out, 
limit and bound accordingly, and shall certify back to the register 
on what point of the compass the several limits thereof lie, and on 
whose lands the several parcels butt and bound ; which last certificate 
shall be entered by the said register or his deputy, in a book for 
that purpose, with an alphabetical table of the proprietors names, 
and the name of the planter or purchaser referring to the said certi- 
ficate, shall by the said register be endorsed in the back of the grant, 
with the folio of the book in which it is entered, and his name 
subscribed to the said endorsement. 

And that the commissioners for the time being, are hereby impow- 
ered to ascertain the rates and fees of the public register, surveyor 
and other ofiBcers, as they shall see meet and reasonable, how much or 
what every one shall pay for registering any conveyance, deed, 
lease, speciality, certificate, or other writing ; as also what shall be 
paid by every proprietor for surveying, dividing, and laying out 
of any "lands in the said province ; which said register, surveyor, or 
other officer, is not to exact or demand any more or greater rates as 
shall be established as aforesaid. 

CHAP. VI. 

WE do also grant convenient portions of land for highways, and 
for streets, not under one hundred feet in breadth, in cities, 
towns and villages ; and for wharflTs, keys, harbours, and for 
pubiick houses, in such place as the commissioners for the time being 
(until there be a general assembly) shall appoint ; and that all such 
lands laid out for the said uses and purposes, shall be free and exempt 
from all rents, taxes, and other charges and duties whatsoever ; as 
also, that the inhabitants of the said province have free passage 
through or by any seas, bounds, creeks, rivers, rivulets in the said 
province, through or by which they must necessarily pass to come 
from the main ocean to any part of the province aforesaid ; as also 
by land in ways laid out or through any lands not planted or enclosed. 
That all the inhabitants within the said province of West- Jersey, 
have the liberty of fishing in Delaware river, or on the sea coast; 
and the liberty of hunting and killing any deer or other wild beasts, 
the liberty to "shoot or take any wild fowls within the said province. 

Provided 



APPENDIX. 527 

Provided always, that they do not hunt, kill, shoot, or take any A. D. 
Buch deer, wild beasts, or fowls, upon the lands that is or shall be 1676. 

surveyed, taken up, inclosed, sown and planted, except the owners 
of the said lands or their assigns. 

C H A P. VI I. 

TH E commissioners are to take care, that lands quietly held, 
planted and possessed seven years after its being first duly surveyed 
by the surveyor or surveyors, his or their lawful deputies, which 
shall be appointed by the said proprietors, and registered in manner 
as aforesaid, shall not be subject to any review, resurvey or alteration 
of bounds, upon any pretence, or by any pretence, or by any person 
or persons whatsoever. 

CHAP. VIII. 

TH E commissioners are to take care, that no man, if his cattle 
stray, range, or graze on any ground within the said province, 
not actually appropriated or set out to particular persons, shall be 
liable to pay any trespass for the same : Provided, that custom of 
commons be not thereby pretended to, nor any person hindered 
from legally taking up and appropriating any land so grazed upon. 

CHAP. IX. 

TH E commissioners are to see, that all courts established by the 
laws and constitutions of the general assembly, and pursuant 
unto those concessions, do execute their several duties and offices 
respectively, according to the laws in force; and to displace or 
punish them for violating the said laws, or acting contrary to their 
duty and trusts, as the nature of their offences shall require; and 
where they see cause of condemnation or sentence pass'd upon any 
person or persons, by any judge, justice, or court whatsoever, the said 
commissioners have power to reprieve and suspend the execution of 
the sentence, until the cause be presented, with a copy of the whole 
trial, proceeding and proofs, to the next general assembly; who may 
accordingly either pardon or camraand execution of the sentence on 
the offender or ofTenders, (who are to be kept in the mean time in 
safecustody until the sense of the general assembly be known therein.) 

CHAP. X. 

TO act and do all other thing or things that may conduce to the 
safety, peace and well-government of the said province, and 
these present concessions, and that all inferior officers be accountable 
to the commissioners, and they to be accountable to the general 
assembly. The commissioners are to take care, that the cons^tables 
of the said province, shall collect such of the proprietors rents, 
who dwell not in the said province, but in England, Ireland, 
or Scotland ; and shall pay it to the receiver that they shall appoint 
to receive the same ; unless the general assembly shall prescribe some 
other way whereby they may have their rents duly collected, without 
charge and trouble to the said proprietors. 

CHAP* 



528 APPENDIX. 

A. D. C H A P . X I . 

rp H E Y are not to impose or suffer to be imposed, any tax, custom 
JL or subsidy, tollage, assessment, or any other duty whatsoever, 
upon any colour or pretence how specious soever, upon the said pro- 
vince and inhabitants thereof, without their own consent first had, 
or otlier than what shall be imposed by the authority and consent of 
the general assembly, and that only in manner and for the good ends 
and uses as aforesaid. 

CHAP. XII. 

THAT that the said commissioners, registers, surveyors, and 
all and every other publick officers of trust whatsoever, already 
deputed and chosen, or hereafter from time to time to be deputed 
and chdsen. shall subscribe (in a book or books to be provided for 
that purpose) that they will truly and faithfully discharge their 
respective trusts according to the law of the said province, and tenor 
of these concessions, in their respective offices and duties; and do 
equal justice and right to all men, according to their best skill and 
judgment, without corruption, favour, or affection ; and the names 
of all that shall subscribe, to be entered in the said book ; and who- 
soever shall subscribe, and shall violate, break or any wise falsify hia 
promise after such subscription, shall be liable to be punished or 
fined, and also be made incapable of any publick office within the 
said province. 

The Charter or fundamental laws of West New- Jersey, agreed upon. 

CHAP. XIII. 

That these following concessions are the common law or fundamental 
rights of the province of West New- Jersey. 

THAT the common law or fundamental rights and privileges of 
West New-Jersey, are individually agreed upon by the proprie- 
tors and freeholders thereof to be the foundation of the government ; 
which is not to be altered by the legislative authority, or free assem- 
bly hereafter mentioned and constituted ; but that the said legislative 
authority is constituted according to these fundamentals, to make 
such laws as agree with and maintain the said fundamentals, and to 
make no laws that in the least contradict, differ, or vary from the 
said fundamentals, under what pretence or allegation soever. 

CHAP. XIV. 

BUT if it so happen, that any person or persons of the said free- 
assembly, shall therein designedly, wilfully and maliciously move, 
or exciteany to move, any matter or thing whatsoever, that contradicts 
or any ways subverts any fundamental of the said laws in the consti- 
tution of the government of this province, it being proved by seven 
honest and reputable persons ; he or they shall be proceded against aa 
traitors to the said government. 

CHAP. 



APPENDIX. 529 

C H A P . X V . A. D. 

THAT these concessions, law or great charter of fundamentals, 1676. 

be recorded in a fair table, in the assembly house ; and that they 
be read at the beginning and dissolving of every general free assem- 
bly : And it is further agreed and ordained, that the said concessions, 
common law, or great charter of fundamentals, be writ in fair 
tables, in every common hall of justice within this province; and 
that they be read in solemn manner four times every year, in the 
presence of the people, by the chief magistrates of those places. 

CHAP. XVI. 

THAT no men, nor number of men upon earth, hath power 
or authority to rule over men's consciences in religious matters; 
therefore it is consented, agreed and ordained, that no person or 
persons whatsoever, within the said province, at any time or times 
hereafter shall be any ways, upon any pretence whatsoever, called in 
question, or in the least punished or hurt, either in person, estate or 
privilege, for the sake of his opinion, judgment, faith or worship to- 
wards God, in matters of religion ; but that all and every such person 
and persons, may from time to time, and at all times, freely and fully 
have and enjoy his and their judgments, and the exercise of their con- 
sciences, in matters of religious worship throughout all the said 
province. 

CHAP. XVII. 

TH A T no proprietor, freeholder or inhabitant of the said pro- 
vince of West New-Jersey, shall be deprived or condemned of 
life, limb, liberty, estate, property, or any ways hurt in his or their 
privileges, freedoms or franchises, upon any account whatsoever, 
without a due trial, and judgment passed by twelve good and law- 
ful men of his neighbourhood first had; and that in all causes to 
be tried, and in all trials, the person or persons arraigned, may ex- 
cept against any of the said neighbourhood, without any reason 
rendered, (not exceeding thirty-five) and in case of any valid reason 
alledged, against every person nominated for that service 

CHAP. XVIII. 

AN D tl\at no proprietor, freeholder, free-denison or inhabitant 
in the said province, shall be attached, arrested, or imprisoned, 
for or by Teason of any debt, duty, or other thing whatsoever, 
(cases felonious, criminal and treasonable, excepted) before he or 
she have personal summon or summons, left at his or her last 
dwelling place, if in the said province, by some legal authorized 
officer, constituted and appointed for that purpose, to appear in some 
court of judicature for the said province, with a full and plain 
account of the cause or thing in demand ; as also the name or names 
of the person or persons at whose suit, and the court where he is to 
appear ; and that he hath at least fourteen days time to appear and 
answer the said suit, if he or she live or inhabit within forty miles, 
English, of the said court ; and if at further distance, to have for 
every twenty miles, two days time more, for his and their appearance, 
and 80 proportionably for a larger distance of place. 

2l 



630 APPENDIX. 

A. D. That upon the recording of the summons, and non-appearance 

1676. of such person and persons, a writ or attachment shall or may b© 

issued out to arrest or attach the person or persons of such defaulters, 
to cause his or their appearance in such court, returnable at a day 
certain, to answer the penalty or penalties in such suit or suits;, 
and if he or they shall be condemned by legal tryal and judgment, 
the penalty or penalties shall be paid and satisfied out of his or 
their real or personal estate so condemned, or cause the person or 
persons so condemned to lie in execution till satisfaction of the 
debt and damages be made. Provided always, if such person or 
persons so condemned, shall pay and deliver such estate, goods 
and chattels, which he or any other person hath for his or their use, 
and shall solemnly declare and aver, that he or they have not any 
further estate, goods or chattels whatsoever, to satisfy the person 
or persons (at whose suit he or they are condemned) their respective 
judgments, and shall also bring and produce three other persona 
as compurgators, who are well known and of honest reputation, 
and approved of by the commissioners of that division where they 
dwell or inhabit, which shall in such open court likewise so- 
lemnly declare and aver, that they believe in their consciences, 
such person and persons so condemned, have not wherewith further 
to pay the said condemnation or condemnations; he or they shall 
be thence forthwith discharged from their said imprisonment ; any 
law or custom to the contrary thereof heretofore in the said pro- 
vince notwithstanding. And upon such summons and default of 
appearance recorded as aforesaid, and such person and persons not 
appearmg within forty days after, it shall and may be lawful for 
such court of judicature, to proceed to trial of twelve lawful men, 
to judgment against such defaulters, and issue forth execution 
against his or their estate, real and personal, to satisfy such penalty 
or penalties, to such debt and damages so recorded, as far as it 
shall or may extend. 

CHAP. XIX. 

THAT there shall be in every court, three justices or commission- 
ers, who shall sit with the twelve men of the neighbourhood, 
with them to hear all causes, and assist the said twelve men of the 
iieighbourhood in cases of law ; and that they the said justices shall 
pronounce such judgment as they shall receive from and be directed 
by the said twelve men, in whom only the judgment resides, and 
not otherwise. 

And in cases of their neglect and refusal, that then one of the 
twelve, by consent of the rest, pronounce their own judgment, 
as the justices should have done: And if any judgment shall be 
pass'd in any case, civil or criminal, by any other person or persons, 
or any other way than according to the agreement and appointment; 
it shall be held null and void ; and such person or persons so pre- 
suming to give judgment, shall be severely fined, and upon com- 
plaint made to the general assembly, by them be declared incapable 
of any office or trust within this province. 

^ CHAP. 



APPENDIX. 531 

C H A P. X X. A. D. 

THAT in all matters and causes, civil and criminal, proof is 1676. 

to be made by tlie solemn and plain averment of at least two 
honest and reputable persons ; and in case that any person or persons 
shall bear false witness, and bring in his or their evidence contrary 
to the truth of the matter, as shall be made plainly to appear; that 
then every such person or persons, shall in civil causes, suffer the 
penalty which would be due to the person or persons he or they bear 
witness against: And in case any witness or witnesses on the behalf 
of any person or persons indicted in a criminal cause, shall be found to 
have borne false witness, for fear, gain, malice, or favour, and thereby 
hinder the due execution of the law, and deprive the suffering person 
or persons of their due satisfaction ; that then and in all other cases of 
false evidence, such person or persons shall be first severely fined ; and 
next, that he or they shall forever be disabled from being admitted 
in evidence, or into anv publick office, employment or service 
within this province. 

CHAP. XXI. 

THAT all and every person and persons whatsoever, who shall 
prosecute or prefer any indictment or information against others, 
for any personal injuries or matter criminal, or shall prosecute for any 
other criminal cause (treason, murder and felony only excepted) 
shall and may be master of his own process, and have full power 
to forgive and remit the person or persons offending against him or 
herself only, as well before as after judgment and condemnation, 
and pardon, and remit the sentence, fine and punishment of the 
person or persons offending, be it personal or other whatsoever. 

CHAP. XXII. 

THAT the trials of all causes, civil and criminal, shall, be heard 
and decided by the verdict or judgment of twelve honest men of 
the neighbourhood, only to be summoned and presented by the sheriff 
of that division or propriety where the fact or trespass is committed ; 
and that no person or persons shall be compelled to fee any attorney 
or counsellor to plead his cause, but that all persons have free liberty 
to plead his own cause if he please: And that no person or persons 
imprisoned upon any account whatsoever, within this province, shall 
be obliged to pay any fees to the officer or officers of the said prison 
either when committed or discharged. 

CHAP. XXIII. 

TH A T in all publick courts of justice for trial of causes, civil 
or criminal, any person or persons, inhabitants of the said 
province, may freely come into and attend the said courts, and hear 
an<l be present at all or any such trials as shall be there had or passed, 
that justice may not be done in a corner, nor in any covert manner; 
being intended and resolved by the help of the lord, and by these 
our concessions and fundamentals, that all and every person and 
persons inhabiting in the said province, shall as far as in us lies, be 
free from oppression and slavery. 

CHAP. 



I 



632 APPENDIX 

A. D. C H A P. X X IV. 

1676. Por the preventing of fraud, deceit, collusion in bargains, sales, 

trade and trafBck, and the usual contests, quarrels, debates and 
utter ruin, which have attended the people in many nations, by 
costly, tedious, and vexatious law suits, and for a due settlement 
of estates, 

T is agreed, concluded and ordained, that there be kept a register 
at London, within the nation of England ; and also another 
register within the province of New West- Jersey ; and that all deeds, 
evidences, and conveyances of land, in the said province of New- 
West-Jersey, that shall be executed in England, may also be there 
registered ; and once everj' year, the register of the said deeds 
and conveyances, so registered, shall be duly transmitted under the 
hands of the register, and three proprietors, unto the commissioners 
in New West-Jersey, to be enrolled in the publick register of the 
said province: As also that the chief register, which the said pro- 
prietors have deputed or chosen, or shall depute or choose, failing, 
that the commissioners shall depute or choose, or which the general 
assembly of the said province, hereafter mentioned, shall depute of 
choose, shall keep exact entries and registers, in fair books, or rolla 
for that purpose to be provided, of all publick affairs; and therein 
shall record and enter all grants of land, from the proprietors to tha 
planters ; and all conveyances of land, house or houses, from man 
to man ; as also all assignments, mortgages, bonds, and specialtief 
■whatsoever ; and all leases for land, house or houses, made or to be 
made, from landlord to tenant, and from person to person ; which 
conveyances, leases, assignments, mortgages, bonds and specialties, 
which shall be executed in West New-Jersey, shall be first acknow- 
ledged by the grantor, assignor and obligor, before the said com- 
missioners, or two of them at least, or some two of their lawful 
deputies, for the time being ; who shall under their hands, upon the 
back side of the said deed, lease, assignment, mortgage or specialty, 
attest the acknowledgment thereof as aforesaid ; which shall be a 
warrant for the register to record the same ; and such conveyance or 
specialty, if sealed, executed, acknowledged before three proprie- 
tors, in the nation of England or Ireland, and recorded or registered 
there, within three months after the date thereof; or if sealed, ex- 
ecuted and acknowledged in the said province, or elsewhere out of 
England, and recorded or registered within six months after the 
•date thereof, shall be good and effectual in law ; and for passing or 
transferring of estates in lands, tenements, or hereditaments, shall 
be as effectual as if delivery and siezen were executed of the same: 
And all other conveyances, deeds, leases or specialties, not recorded 
as aforesaid, shall be of no force or effect. And the said register 
shall do all other thing or things the said proprietors by their in- 
structions shall direct, or the commissioners or assembly shall ordain, 
for the good and welfare of the said province. 

CHAP. 



APPENDIX. 633 

CHAP. XXV. A. D. 

That there may be a good understanding and friendly correspondence 1(376. 

between the proprietors, freeholders, and inhabitants of the said 
province, and the Indian natives thereof. 

IT is concluded and agreed, that if any of the Indian natives 
within the said province, shall or may do any wrong or injury 
to any of the proprietors, freeholders or inhabitants, in person, 
estate, or otherways hcwsoever; upon notice tliereof, or complaint 
made to the commissioners, or any two of them, they are to give 
notice to the sachem, or other chief person or persons, that hath 
authority over the said Indian native or natives, tliat justice may be 
done, and satisfaction made to the person or persons offended, ac- 
cording to law and equity, and the nature and quality of the 
offence and injury done or committed. 

And also in case any of the proprietors, freeholders, or inhabi- 
tants, shall any wise wrong or injure any of the Indian natives there, 
in person, estate, or otherwise ; the commissioners are to take care, 
upon complaint to them made, or any one of tiiem, either by the 
Indian natives, or others, that justice be done to tlie Indian natives, 
and plenar}' satisfaction be made them, according to the nature 
and quality of the offence and injury : And that in all trials wherein 
any of the said Indian natives are concerned, the trial to be by 
fiix of the neighbourhood, and six of the said Indian natives, to be 
indifferently and impartially chosen by order of the commissioners ; 
and that the commissioners use their endeavour to perswade the 
jnatives to the like way of trial; when any of the natives do any 
■ways wrong or injure the said proprietors, freeholders or inhabitants, 
that they choose six of the natives, and six of the freeholders or 
inhabitants, to judge of the wrong and injury done, and to pro- 
portion satisfaction accordingly. 

CHAP. XXVI. 

IT is agreed, when any lands is to be taken up for settlements of 
towns, or otherways, before it be surveyed, the commissioners 
or the major part of them, are to appoint some persons to go to 
the chief of the natives concerned in that land, so intended to be 
taken np, to acquaint the natives of their intentions, and to give 
'he natives what present they shall agree upon, for their good will 
or consent; and take a grant of the same in writing, under their 
hands and seals, or some other publick way used in those parts of 
the world : Which grant is to be registered in the publick register, 
allowing also the natives (if they please) a copy thereof; and that 
no person or persons take up any land, but by order from the com- 
missioners, for the time being. 

CHAP. XXVII. 

THAT no ship master or commander of any ship or vessel, 
shall receive into his ship or vessel, to carry unto any other 
nation, country or plantation, any person or persons whatsoever, 
without a certificate first had and obtained under the hands and 

seals 



634 APPENDIX. 

A. D. seals of the commissioners, or any two of them, that the said person 
1676. or persons are clear, and may be taken on board, signifying that 

the said person or persons names have been put up in three publick 
places of the province, appointed by the commissioners for that 
purpose, for the space of three iveeks, giving notice of his or cheir 
intention to transport themselves. 

CHAP. XXVIII. 

That men may peaceably and quietly enjoy their estates. 

IT is agreed, if any person or persons shall steal, rob, or take any 
goods or chattels, from or belonging to any person or persona 
whatsoever, he is to make restitution two fold, out of his or their 
estate; and for want of such estate, to be made work for his 
theft, for such time and times as the nature of the offence doth re- 
quire, or until restitution be made double for the same; or as 
twelve men of the neighbourhood shall determine, being appointed 
by the commissioners, not extending either to life or limb. 

If any person or persons, shall wilfully beat, hurt, wound, assault, 
or otherways abuse the person or persons of any man, woman or 
child, they are to be punished according to the nature of the of- 
fence; which is to be determined by twelve men of the neighbour- 
hood, appointed by the commissioners. 

CHAP. XXIX. 

For securing estates of persons that die, and taking care of orphans. 

IF any person or persons die, the commissioners are to take 
care, that the will of the deceased be duly performed, and 
security given by those that prove the will ; and that all wills or 
testaments be registered in a publick register appointed for that 
purpose ; and the person or persons that prove the same, to bring 
in one true inventory under their hands, of all ihe estate of the 
deceased, and to have a warrant under the hand of three commissi- 
oners, and the publick seal of the province, intimating, that they 
have brought in an inventory of the estate, and given security ; 
then, and not before, are they to dispose upon tlie estate. 

Second. If any person die intestate, leaving a wife and children; 
the commissioners are to take security from the person that shall 
administer, to secure two parts of the estate for the children, and 
the third to the wife, if there be any; and if there be no child, 
then half to the next of kin, and the other to the wife. 

Third. If the pareiits of children be dead, and no will made, 
then the commissioners are to appoint two or more persons to take 
the charge of the children and estate, and to bring an inventory of 
the estate to be registered; and that the said persons are to make 
good to the children, what part of the estate shall come unto their 
hands, and to give a true account of their receipts and disbursements, 
to be approved of by the commissioners. 

Fourth. If parents die, leaving child or children, and no estate, 
or not sufficient to maintain and bring up the said child or children,. 
in that case the commissioners are to appoint persons to take care for 

thft 



APPENDIX 535 

the child or children, to bring them up in such manner as the com- A. D. 

missioners shall appoint, and the charges thereof to be borne by the 1676. 

publick stock of the province; and if none be established, then by 
a tax to be levied by twelve men of the neighbourhood, with the 
consent of the commissioners, or the main part of them. 

CHAP. XXX. 

In cases when any person or persons kill or destroy themselves, or 
be killed by any other thing. 

IT is agreed, if any man or woman shall wilfully put hand, and kill 
him or herself, the estate of such person or persons is not to be 
forfeited, but the kindred, heirs, or such other as of right the 
estate belongs to, may enjoy the same; or if any beast or ship, boat, 
or other thing, should occasion the death of any person or persons, 
nevertheless the said beast, ship, boat, or other thing, is not to be 
forfeited ; but those to whom they belong may enjoy the same. 
Provided always, that the said beast did not wilfully kill the said 
person, or hath been known to attempt, or addicted to mischief, or 
hath been found to hurt or kill any person ; then the said beast is to 
be killed. 

CHAP. XXXI. 

AL L such person or persons as shall be upon trial found guilty of 
murder or treason, the sentence and way of execution thereof 
is left to the general assembly to determine, as they in the wisdom 
of the lord shall judge meet and expedient. 

The general assembly and their power. 
CHAP. XXXII. 

THAT 80 soon as divisions or tribes, or other such like distincti- 
ons are made, that then the inhabitants, freeholders, and pro- 
prietors resident in the said province, or several respective tribes 
or divisions, or distinctions aforesaid, do yearly and every year, 
meet on the first day of October, or the eighth month, and choose 
one proprietor or freeholder for each respective propriety in the said 
province (the said province being to be divided into one hundred 
proprieties) to be deputies, trustees, or representatives, for the 
benefit, service, and behoof of the people of the said province; 
which body of deputies, trustees or representatives, consisting of 
one hundred persons chosen as aforesaid, shall be the general free 
and supreme assembly of the said province for the year ensuing, and 
no longer: And in case any member of the said assembly, during 
the said year, shall decease, or otherwise be rendered incapable of 
that service ; that then the inhabitants of the said proprieties, shall 
elect a new member, to serve in his room, for the remainder of the 
said year. 

CHAP. XXXIII. 

And to the end the representative members of the yearly assembly 

to be chosen, may be regularly and impartially elected. 

THAT no person or persons who shall give, bestow or promise, 
directly or indirectly, to the said parties electing, any meat 
■drink, money or money's worth, for procurement of their choice 

and 



536 APPENDIX. 

A. D. and consent, shall be capable of being elected a member of the said 
1676. assembly : And if any person or persons, shall be at any time corruptly 

elected, and sufficient proof thereof made to the said free assembly, 
such person or persons so electing or elected, shall be reckoned in- 
capable to choose or sit in the said assembly, or execute any other 
publick office of trust within the said province, for the space of seven 
years thence next ensuing : And also, that all such elections as afore- 
said, be not determined by the common and confused way of cries 
and voices ; but by putting balls into balloting boxes, to be provided 
for that purpose, lor the prevention of all partiality, and whereby 
every man may freely choose according to his own judgment, and 
honest intention. 

CHAP. XXXIV. 

TO appoint their own times of meeting, and to adjourn their 
sessions from time to time (within the said year) to such times and 
places as they shall think fit and convenient, as also to ascertain the 
number of their quorum ; provided that such numbers be not less 
than one half of the whole, in whom (or more) shall be the full 
power of the general assembly ; and that the votes of two thirds of the- 
said quorum, or more of them, if assembled together as aforesaid, 
shall be determinative in all cases whatsoever coming in question 
before them, consonant and conformable to these concessions and 
fundamentals. 

CHAP. XXXV. 

THAT the said proprietors and freeholders, and their choice of 
persons, to serve them in the general and free assemblies of the 
province, give their respective deputies or trustees, their instructions- 
at large, to represent their grievances, or for the improvement of 
the province; and that the persons chosen, do by indentures under 
hand and seal, covenant and oblige themselves to act nothing in that 
capacity, but what shall tend to the fit service and behoof of thos& 
that send and employ them ; and that in case of failure of trust, or 
breach of covenant, that they be questioned upon complaint made^ 
in that or the next assembly, by any of their respective electors. 

And that each member of the assembly, chosen as aforesaid, be 
allowed one shilling per day, during the time of the sitting of the 
general assembly, that thereby he may be known to be the servant 
of the people: Which allowance of one shilling per day, is to be 
paid him by the inhabitants of the propriety or division that shall 
elect him. 

CHAP. XXXVI. 

THAT in every general free assembly, every respective member 
hath liberty of speech ; that no man be interrupted when speak- 
ing; that all questions be stated with deliberation, and liberty for 
amendments ; that it be put by the chairman, by them to be chosen, 
and determined by plurality of votes ; Also that every member has 
power of entering his protest, and reasons of protestations. And 
that if any member of such assembly shall require to have the_ per- 
sons names registered, according to their yeas and no's, that it be 
accordingly done : And that after debates are past, and the question 



APPENDIX. 637 

agreed upon, the doors of the house to be set open, and the people A. D. 

liave liberty to come in to hear, and be witnesses of the votes, and 1676. 

the inclinations of the persons voting. 

CHAP. XXXVII. 

AN D that the said assembly do elect, constitute and appoint ten 
honest and able men, to be commissioners of estate, for managing 
and carrying on the affairs of the said province, according to the 
law therein established, during the adjournments and dissolutions of 
the said general free assembly, for tiie conservation and tranquility 
of the same. 

CHAP. XXXVIII. 

THAT it shall be lawful for any person or persons, during the 
session of any general free assembly in that province, to address, 
remonstrate or declare, any suffering, danger or grievance, or to 
propose, tender or request, any privilege, profit or advantage to 
the said province, they not exceeding the number of one hundred 
persons. 

CHAP. XXXIX. 

TO enact and make all such laws, acts, and constitutions, as shall 
be necessary for the well government of the said province, (and 
them to repeal) provided, that the same be as near as may be, con- 
veniently agreeable to the primitive, antient and fundamental laws 
of the nation of England. Provided also, that they be not against 
any of these our concessions or fundamentals, before or hereafter 
mentioned. 

CHAP. XL. 

BY act as aforesaid, to constitute all courts, together with the limits, 
powers and jurisdictions of the same (consonant to these conces- 
sions) as also the several judges, ofiicers and number of officers 
belonging to each court, to continue such time as they shall see 
meet, not exceeding one year, or two at the most, with their 
respective salaries, fees and perquisites, and their appellations; with 
the penalties that shall be inflicted upon them for the breach of their 
several and respective duties and trusts ; and that no person or persons 
■whatsoever, inhabitants of the said province, shall sustain or bear 
two oflSces in the said province, at one and the same time. 

CHAP. X L I. 

11 H A T all the justices and constables be chosen by the people ; and 
. all commissioners of the publick seals, treasuries and chief- 
justices, embassadors and collectors, be chosen by the general free 
assembly. 

CHAP. XLII. 

THAT the commissioners of the treasury of the said province, 
bring in their account at the end of their year, unto the general 
free assembly, there to be seen and adjusted ; and that every respec- 
tive member carry a copy thereof unto that hundred or propriety he 
serves, for to be registered in the capital publick court of that 
propriety. 

CHAP. 



638 APPENDIX. 

A. D. CHAP.XLIII. 

1676. T) Y act as aforesaid, to lay equal taxe'^ and assessments, and equally 

Jj to raise money or goods, upon all lands or persons within the 
several proprieties, precinct,'*, Imndreds, tribes, or whatsoever other 
divisions shall hereatter be made and established in the said province, 
as oft as necessity shall require ; and in such manner as to them shall 
eeem most equal and easy for the inhabitants ; in order to the better 
supporting of the publick charge of the said government, as also 
for the publick benefit and advantage of the said people and proviuce. 

CHAP. X L I V. 

BY act as aforesaid, to sub-divide the said province into hundreds, 
proprieties, or such other divisions and distinctions, as they shall 
think fit ; and the said divisions to distinguish by such names as shall 
be thougiit good ; as also within the said province to direct and 
appoint places for such and so many towns, cities, ports, harbours, 
creeks, and other places for the convenient lading and unlading of 
goods and merchandize, out of the ships, boats, and other vessels, as 
ehall be expedient ; with such jurisdictions, privileges and franchises 
10 such cities, ports, harbours, creeks or other places, as they shall 
judge most conducing to the general good of the said province and 
people thereof; and to erect, raise and build within the said province, 
or any part thereof, such and so many market towns and villages; 
and also appoint such and so many markets and fairs, and in such 
pluce and places, as they shall see meet, from time to time, as the 
grant made and assigned unto the said proprietors will permit and 
admit. 

In testimony and witness of our consent to and aflBrmation of these 
present laws, concessions and agreements : We, the proprietors, free- 
holders, and inhabitants of the said province of West New Jersey, 
whose names are under written, have to the same voluntarily and 
freely set our hands, dated this third day of the month commonly 
called March, in the year of our lord one thousand six hundred 
seventy six. 

Gawen Lawrie, Wm. Penn, Wm. Emley, Josh. Wright, Nicho. 
Lucas, Wm. Haig, Wm. Peachee, Rich. Matthews, John Harris, 
Francis Collins, Wm. Kent, Benj. Scot, Tho. Lambert, Tho. Hoo- 
ton, Henrv Stacy, Edw. Byllinge, Rich. Smith, Edw. Nelthorp, 
John Penford, Dan. "Wills, Thomas Olive, Tho. Rudyard, Wil- 
liam Biddle, Robert Stacy John Farrington,' Wm. Roydon, Rich. 
Mew, Percival Towle, Mahlon Stacy, Tho. Budd, Sam. Jenings, 
John Lambert, Will. Heulings, George Deacon, John Thomson, 
Edw. Bradway, Rich. Guy, James Nevill, Wm. Cantwell, Fospe 
Ontstout, Machgijel Baron, Casper Herman, Turrse Psese, Robert 
Kemble, John Corneliesse, Garrat Van Jumne, Wm. Gill Johnson, 
Mich. Lackerouse, Markus Algus, Evert Aid ricks Hendrick Ever- 
Bon, Jilles Tomesen, Claas Jansen, Paul Doequet, Aert Jansen, 
John Surige, Tho. Smith, James Pearce, Edw. Webb, John Pled- 
ger, Rich. Wilkison, Christo. Sanders, Renear Van Hurst, Wil- 
liam Johnson, Charles Bagley, Sam. Wade, Tho. Woodrose, John 
Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac Smart, 

And. 



APPENDIX. 539 

And. Thomson, Thomas Kent, Henry Jenings, Rich. Wortsaw, A. D. 
Christopher White, John Haddocks, John Forrest, J-nmes Vickory, 1676. 

"William Rumsey, Rich. Robinson, Mark Reeve, Thomas Watson, 
Sam. Nicholson, Dan. Smith, Rich. Daniel, Will. Penton, Will. 
Daniel, Robert Zane, Walter Peiterson, Anthony Page, Andrew 
Bartleson, Woolley Woollison, Anthony Dixon, John Derme, 
Tho. Benson, John Pain, Rich. BriflBngton, Sam. LovettJ Henry 
fitubbens, Will. Willis, George Haselwood, Roger Pedrick, Will. 
Hughes, Abra. Van Highest, Hipolilas Lefever, Will. Wilkinson, 
Andrew Shenneck, Lause Cornelious, Sam. Hedge, Will, Massler, 
John Grubb, John Worlidge, Edw. Meyer, Tho. Barton, Robt. 
Powel, Tho. Harding, Matthew Allen, Bernard Devenish, Tho- 
mas Stokes, Thomas French, Isaac Marriott, John Butcher, George 
Hutcheson, iTho. Gardiner, Tho. Eves, John Borton, John Paine, 
Eleazer Fenton, Samuel Oldale, Will. Bla(:k, Anthony Woodhouse, 
Dan. Leeds, John Pancoast, Francis Belwicke, Will. Luswall, 
John Snowdon, Rich. Fenemore, Gruna Jacobson, Tho. Scholey, 
Tho. Wright, Godfrey Hancock, John Petty^ Abraham Heulings, 
John Newbould, John White, John Roberts, John Wood, John 
Gosling, Tho. Revell. 



NUMBER III. 

A brief account of the province of East- Jersey, in America, 
published by the present proprietors, for information 
of all such persons who are or may be inclined to 
settle themselves, families and servants in that country, 

tTIO say anything in the praise, or much in the description of a A. D. 
JL country so well known, would seem needless: The late accounts 1682. 

and descriptions of the adjacent countries. West- Jersey and Penn- 
eyivania, which are much of the same nature, &c. might suffice; 
but considering that in foreign colonies, yea, here in England, 
every particular county has some excellency in soil, product or 
situation, that may affect and delight many persons, beyond the 
places adjacent; We may, for the satisfaction of such, give some 
brief account thereof. 

First, This province or colony lies between thirty-nine and forty- 
one tlegrees of latitude, being about twelve degrees more to the 
south than the city of London ; and is bounded south east by the 
main sea; east by that vast navigable stream, called Hudson's river, 
•which divides this from the province of New-York ; west by a line 
of division, which separates this province from West-Jersey; and 
north upon the main land, and extends itself in length on the sea 
coast, and along Hudson's river, one hundred English miles, and 
upwards. 

Second, The conveniency of situation, temperature of air, and 
fertility of soil, ia such, that there's no less than seven considerable 

towns, 



640 APPENDIX. 

A. D. lowns, viz. Shrewsbury, Middletown, Bergen, Newark, Elizabeth- 

1682. Town, Woodbridge, and Piscataway ; which are well inhabited by 

a sober and industrious people, who have necessary provisions for 
themselves and families, and for the comfortable entertainment 
of strangers and travellers; and this colony is experimentally found 
generaly to agree with English constitutions. 

Third. For navigation, it hath these advantages, not only to be 
situate along the navigable part of Hudson's river, but lies also fifty 
miles on the main sea; and near the midst of this province, is that 
noted bay for ships, within Sandy-Hook, very well known not to 
be inferior to any harbour in America, where ships not only harbour 
in greatest storms, but there ride safe with all winds, and sail in and 
out thence as well in winter as summer. 

Fourth. For fishery, the sea banks there are very well stored with 
variety of fish ; for not only such as are profitable for transportation, 
but such also as are fit for food there, as whales, cod-fish, cole and 
hake fish, large mackrell, and also many other sorts of flat and small 
fish. The bay also, and Hudson's river, are plentifully stored 
with sturgeon, great bass, and other scale fish, eels and shell-fish, a» 
oysters, &c. in great plenty, and easy to take. 

Fifth. This country is also plentifully supplied with lovely springs, 
rivulets, inland rivers, and creeks, which fall into the sea and Hud- 
son's river; in which is also much plenty and variety of fresh fish 
and water fowl. 

Sixth. There i« great plenty of oak timber, fit for shipping, and 
masts for ships, and other variety of wood, like the adjacent colonies, 
as chesnut, walnut, poplar, cedar, ash, fir, &c. fit for building 
■within the country. 

Seventh. The land or soil (as in other places) varies in goodness 
and richness; but generally fertile, and wiih much smaller labour 
than in England : It produceth plentiful crops of all sorts of English 
grain, besides Indian corn, which the English planters find not only 
to be of vast increase, but very wholsome and good in its use ; it also 
produceth good flax and hemp, which they now spin and manufac- 
ture into linnen cloth. There's sufficient meadow and marsh to their 
uplands ; and the very barrens there as they are called, are not like 
some in England ; but produce grass fit for grazing cattle in summer 
season. 

Eighth. The country is well stored with wild deer, conies and 
wild fowl of several sorts, as turkeys, pigeons, partridges, plover, 
quails, wild swans, geese, ducks, &c. in great plenty ; It produceth 
variety of good and delicious fruits, as grapes, plumbs, mulberries 
and also apricots, peaches, pears, apples, quinces, water melons, 
&c. which are here in England planted in orchards and gardens ;. 
these, as also many other fruits, which come not to perfection in 
England, are the more natural product of this country. 

Ninth. There is also already great store of horses, cows, hogs, 
and some sheep, which may be bought at reasonable prices, with 
English monies or English commodities, or man's labour, where 
money and goods are wanting. 

^ ^ Tenth. 



APPENDIX. 641 

Tenth. What sort of mines or minerals are in the bowels of the A. D. 

earth, after time must produce, the inhabitants not having yet em- 1682. 

ployed themselves in search thereof; but there is already a smelting 
furnace and forge set up in this colony, where is made good iron, 
which is of great benefit to the country. 

Eleventh, It is exceedingly well furnished with safe and convenient 
harbours for shipping, which is of great advantage to that country, 
and affords already for exportation, great plenty of horses, and also 
beef, pork, pipe staves, boards, bread, flower, wheat, barley, rye, 
Indian corn, butter and cheese, which they export for Barbadoes, 
Jamaica, Nevis, and other adjacent islands, as also to Portugal, 
Spain, the Canaries, &c. Their whale oil and whale finns, beaver, 
mink, raccoon and martin skins, (which this country produceth) 
they transport for England. 

Twelfth. The situation and soil of this country may invite many 
■who are inclined to transport themselves into those parts of Ame- 
rica : For, 

1. It being considerably peopled, and situate on the sea coast, 
■with convenient harbours, and so near adjacent to the province of 
New- York and Long-Island, being also well-peopled colonies, may 
be proper for merchants, tradesmen, and navigators. 

2. Its likewise proper for^ such who are inclined to fishery, the 
•whole coast and very harbours mouths being fit for it; which has 
been no small rise to the New-England people, and may be here 
carried on also with great advantage. 

3. For its soil, its proper for all industrious husbandmen, and such, 
"who by hard labour here, on rack renin, are scarce able to maintain 
themselves, much less to raise any estate for their children, may, 
■with God's blessing on their labours, there live comfortably, and 
provide well for their families. 

4. For carpenters, bricklayers, masons, smiths, mill-wrights. and 
■wheel-wrights, bakers, tanners, taylors, weavers, shoe-makers, 
hatters, and all or most handicrafts, where their labour is much more 
valued than in these parts, and provisions much cheaper. 

5. And chietiy for such of the above-mentioned, or any other 
who upon solid grounds and weighty considerations, are inclined in 
their minds to go into those parts; without which their going 
there cannot be comfortable, or answer their expectation. 

Thirteen, The Indian natives in this country are but few, com- 
parative to the neighbouring colonies ; and those that are there, are 
BO far from being formidable or injurious to the planters and inhabi- 
tants, that they are really serviceable and advantagious to the English,, 
not only in hunting and taking the deer, and other wild creatures, 
and catching of fish and fowl fit for food, in their seasons, but in 
the killing and destroying of bears, wolves, foxes, and other 
vermine and peltry, whose skins and furrs they bring the English, 
and sell at less price than the value of time an English man must 
spend to take them. 

Fourteen, As for the constitutions of the country, they were 
made anno dom. 1664, and in the time of John lord Berkely, and 
sir George Carteret, the late proprietors thereof; in which such 

provision 



642 APPENDIX. 

A. D. provision was made for liberty in matters of religion, and property 

1682. in their estates ; that under the terms thereof, that colony has been 

considerably peopled, and that much from the adjacent countries, 
where they have not only for many years enjoyed their estates, 
according to the concessions: but also an uninterrupted exercise 
of their particular persuasions in matters of religion: And we 
the present proprietors, do determine, so soon as any persons here 
in England, or elsewhere, are willing to be engaged with us, we 
shall be ready and desirous to make such further additions and sup- 
plements to "the said constitutions, as shall be thought fit, for the 
encouragement of all planters and adventurers, and for the further 
BCttling the said colony with a sober and industrious people. 

Fifteen, Having with all possible brevity, given an account of 
the country, we shall say something as to the disposition of lands 
there. 

1. Our purpose is, if the lord permit, with all convenient expe- 
dition, to erect and build one principal town ; which by reason of 
Bituation must in all probability be the most considerable for mer- 
chandize, trade and fishery in those parts; it is designed to be 
placed upon a neck or point of rich land, called Ambo point, lying 
on Rariton river, and pointing to Sandy-Hook bay, and near 
adjacent to the place where ships in that great harbour commonly 
ride at anchor ; a scheme of which is already drawn, and those who 
ehall desire to be satisfied therewith may treat for a share thereof. 

2. As for encouragement of servants, &c. we allow the same 
privileges as was provided in the concessions at first. 

3. Such who are desirous to purchase any land in this province, 
free from all charge, and to pay down their purchase monies here, 
for any quantities of acres ; or that desire to take up lands there, 
upon any small quit rents to be reserved ; shall have grants to them 
and their heirs, on moderate and reasonable terms. 

4. Those who are desirous to transport themselves into those parts 
before the purchase, if any thing there present to their satisfaction, 
we doubt not but the terms of purciiase will be so moderate, equal 
and encouraging, that may engage them to settle in that colony. 

Our purpose being with all possible expedition to dispatch persons 
thither, with whom they may treat; and who shall have our full 
power in the premises. 

As for passage to this province, ships are going hence the whole 
year about, as well in winter as summer, Sandy-Hook bay being 
never frozen : The usual price is five pounds per head, as well 
masters or servants, who are above ten years of age ; all under ten 
years, and not children at the breast, pay fifty shillings ; sucking 
children pay nothing ; carriage of goods is usually forty shillings per 
ton, and sometimes less, as we can agree ; the cheapest and chiefest 
time of the year for passage, is from midsummer till the latter end 
of September, when many Virginia and Maryland ships are going 
out of England into those parts ; and such who take then their 
voyage, arive usually in good time to plant, corn eufficient for next 
tiujnmer. 

The 



APPENDIX. 54a 

The goods to be carried there, are, first, for people's own use, all A. D. 
Borts of apparel and household stuff, and also utensils for husbandry 1682. 

and building: secondly, linnen and woollen cloths and stuffs, fitting 
for apparel, &c. which are fit for merchandize and truck there 
in the country, and that to good advantage for the importer, of which 
further account will be given to the enquirer. 

Lastly. Although this country, by reason of its being already 
considerably inhabited, may afford many conveniencies to strangers, 
of which unpeopled countries are destitute, as lodging, victualing, 
&c. yet all persons inclining unto those parts, must know, that in 
their settlement there, they will find their exercises ; they must have 
their winter as well as summer ; they must labour before they reap, 
and, till their plantations be cleared (in summer time) they must 
expect (as in all those countries) the musketos, flies, gnats, and such 
like, may, in hot and fair weather, give them some disturbance, 
where people provide not against them ; which, as land is cleared, 
are less troublesome. 

And all such persons who desire to be concerned, may repair to 
Thomas Rudyard or Benjamin Clark, in George- Yard, in Lumbard- 
street ; where they may view the constitutions, the scheme of the 
intended town, the map of the country, and treat on terms of 
purchase. William Penn, Robert West, Thomas Rudyard, Samuel 
Groom, Thomas Hart, Richard Mew, Thomas Willcocks, Ambrose 
Bigg, John Hey wood, Hugh Hartshorne, Clement Plumstead, 
Thomas Cooper, are the present proprietors of East-Jersey ; but their 
purpose is to take in twelve persons more, to make up the number 
of proprietors twenty-four. 

Proposals by the proprietors of East- Jersey, in America, for the build- 
ing of a town on Ambo Point, and for the disposition of lands in 
that province ; and also for encouragement of artificers and labourers 
that shall transport themselves thither out of England, Scotland, 
and Ireland. 

FOR.ASMUCH as Ambo Point, is a sweet, wholsome, and 
delightful place, proper for trade, by reason of its commodious 
situation, upon a safe harbour, being likewise accommodated with 
a navigable river, and fresh water, and hath by many persons of 
the greatest experience and best judgment, been approved for the 
goodness of the air, soil and situation ; 

We, the proprietors, purpose by the help of Almighty God, 
with all convenient speed, to build a convenient town, for merchan- 
dize, trade and fishery on Ambo Point ; and because persons that 
hath a desire to plant there, may not be disappointed for want of 
proposals, we, the proprietors, offer these following: 

First. We intend to divide fifteen hundred acres of land upon 
Ambo Point, into one hundred and fifty lots ; which lots shall con- 
sist of ten acres the lot; one hundred of the lots we are willing to 
sell here, and fifty we reserve for such as are in America, and have 
long desired to settle there. 

Secondly. The price of each lot will be fifteen pounds sterling, to 
such who purchase before the 25th of December, 1682; and to 

such 



544 APPENDIX. 

A. D. such who purchase afterwards, before the 25th of December, 1683^ 
1682. twenty pounds sterling. 

Thirdly, Every lot is to be as equally divided as the goodness of 
the place doth require, and the situation can admit. 

Fourthly, The most convenient spot of ground for a town, shall 
be divided into one hundred and fifty equal shares, and set out into 
streets, according to rules of art; and no person shall be preferred 
before another in choice, whether purchaser or proprietor. 

Fifthly, We reserve four acres for a market place, town-house, 
<fec. and three acres for publick wharfage. 

Sixthly, Each purchaser is obliged to build a dwelling house in 
the place designed for the town, and to clear three acres of up land, 
in three years, or else the proprietors to be reinstated in such lots 
wherein default is made, repaying the purchase money. 

Seventhly, We the proprietors do within a year, hope, by God'a 
assistance, to build for each of us, one house upon Ambo point; 
which we intend shall stand in an orderly manner, according to the 
best and most convenient model. 

And in pursuance of the design of the propositions abovesaid. 

Eighthly, And for the encouragement of carpenters, joiners, brick 
and tile makers, bricklayers, masons, sawyers, and labourers of all 
sorts, who are willing to go and employ themselves and servants, in 
helping to clear ground, and build houses upon the general account 
of and for the proprietors, 

The said proprietors will engage to find them work, and current 
pay for the same, in money or clothes, and provision, of which 
there is plenty (as beef, pork, corn, &c.) according to the market 
price at New-York, during the space of one year at least, next after 
the 25th of December, 1682; in which time (through God's blessing 
and their industry) they may have got wherewith to buy cows, 
horses, hogs, and other goods, to stock that land, which they in the 
mean time may take up, according to the concessions ; neither shall 
such persons pay rent for their said land, so long as-they are employ- 
ed in the proprietors work ; and their wages shall at all times be so 
much as other such artificers and labourers, in the said province 
usually have; nor shall they be obliged to work for the proprietors 
longer than they find encouragement so to do. 

Ninthly. And for the more ready and certain employing those 
workmen and labourers that shall transport themselves to East- Jersey, 
this is to let all labourers and pensons that shall transport themselves 
know, they must upon their arrival upon that place, repair to the 
register of the abovesaid province, and enter themselves according 
to their respective qualities and designs, and thereupon they shall be 
■entered into the service and pay of the proprietors. 

For disposition of land in East Jersey. 

The governor of East-Jersey, by and with the advice of his coun- 
cil, is to direct, that all lands to be set and laid out for counties, 
tribes, cities, or parishes, according to the general concessions of 
the said province, be bounded and set out in manner following, viz. 
That all such lands be divided into seven equal lots or parts; one of 
which seven parts is to be first set out by lot for the use of the proprie- 
tors; 



APPENDIX. 545 

■tors ; and the other six parts to be taken up according to the fol- A. D. 

•lowing concessions. 1682. 

First. That the planting of the said province may be the more 
effectually jiromoted, We do hereby grant unto all persons who 
shall transport themselves, their wives or children, unto East-Jersey, 
and settle there according to the Ibllowing concessions, by the twenty 
fifth of December 1684, twenty-five acres of land for each head, 
whether wife, child or servant, which servant shall be bound to serve 
the term of three years at least within the said province ; and for 
every such master of a family, fifty acres; the said persons so im- 
ported are to be registered in tlie secretary's book of entries to be 
kept for that purpose ; and the importer to pay to the secretary for 
fees of attending that service, and entring them, twelve pence each 
head ; and every servant, male or female, who shall be so imported 
and registered by the 25th of December, 1684, shall, at the expira- 
tion of their time, have liberty to lake up the quantity of thirty 
acres for their own uses ; and all the aforesaid importers, and persons 
imported, who are hereby allowed to take up land, shall have and 
enjoy the same, under the terms and concessions following: 

Secondly. Forasmuch as this province is already considerably peo- 
pled and improved (there being seven towns at least already settled 
upon it by English people) and that no person is constrained by our 
concessions, to take.up and pay for land which is barren and unpro 
fitable; nor can it be reasonably supposed, that people should in 
this province, be now exposed to the like hazards and difficulties 
that others must look to meet with in those plantations that are less 
inhabited and more remote, and for situation by sea and land, not 
so commodiously placed for trade: Therefore we think it very rea- 
sonable and moderate, that all and every person and persons, shall 
have his and their respective quantities of lands set out at two pence 
an acre, yearly rent, to be paid into our receivers oflice, either in 
money sterling, or in such commodities as the growth or trade of tlie 
province affords at the merchants price there; but whosoever is 
willing to buy off his yearly rent, and become a freeholder, may so 
do. paying after' the Yate of twelve years purciiase, which comes to 
fifty shillings for a lot of twenty-five acres, and so paying after the 
same rate, for a greater or lesser quantity. 

Thirdly, And forasmuch as it will be most commodious for plan- 
ters to live together, whereby they may be a meet help to each 
other; It is ordered, that all the purchasers and takers up of land, 
shall sit down by some village or township already laid out, or to be 
laid out hereafter, in the said province; and having chosen the 
village or township, which shall be most convenient and profitable 
for their business, the surveyor general shall set forth to the said 
persons, such quantity of lands, to them granted out of the aforesaid 
six parts, which are not then taken up ; they paying to the said 
surveyor general, the usual rate of surveying in the said province; 
and if any person going or sending over, is willing to have a greater 
parcel of land than twenty-five acres, he may purchase, but not 
more than one hundred acres ; he paying down, at the sealing of 

bis 

2m 



546 APPENDIX. 

A. D. his grant, for the same, after the rate of ten pounds by the hundred 
1682. acres ; and so more or less for a greater or lesser quantity. 

Fourthly, And if any person is willing to buy land, and yet for 
the present is not disposed to plant there; he may so do, paying 
down here for his grant to the proprietors, according to the rate 
aforesaid. Provided, that all those persons, who by these concessions 
shall take up land, be enjoined to build one dwelling house, on some 
part of their land, within the space of seven years, next after the 
25lh of December, 1682 ; and in case of default, one half of their 
land to return back to the proprietors. 



NUMBER IV. 

Governor Coxe's narrative relating to the division linCf. 
directed to the council of proprietors of West- Jersey, 

. .p. T Was desired to give a meeting to the proprietors of East-Jersey, 

l^n-* JL where were present, governor Berkeley, lord Campbell, lord 

Melford, secretary of state for Scotland, mr. Penn, mr. Ward, and 
six or eight more; they presented me the original of an agreement 
between the commissioners of both Jersies, in order to run the parti- 
tion point; and withal a map; whereby it is obvious at the first 
glance, that above a tliird part of that land, which was ever ac- 
counted to belong to Wast-Jersey, is allotted to, and comprehended 
within the limits of East-Jersey: They desired my concurrence tc 
this agreement, as being first in its own nature a most just and 
equal division or quantity: Secondly, agreed on by commissioners, 
on both sides: Thirdly, according to mr. Byllinge's instructions, 
who had impowered his commissioners to make an equal division : I 
answered in behalf of your colony and of myself, that first, the 
division was very unjust in its own nature; and secondly, that if it 
were otherwise ; yet I did apprehend, tiiey, who made the agree- 
ment, were not legally or sufficiently empov/ered. 

And first, as to the injustice of the division ; I declared, I thought 
they ought to have regard unto the letter of the agreement between 
sir George Carteret and mr. Edward Byllinge; the line was to run 
from Liitle Egg-Harbour, unto the most northerly branch of Dela- 
ware river, in forty one degrees forty minutes : They denied there 
was any such branch ; I shewed them in their own map, made by 
mr. George Keith, a river running into Delaware, whose head is 
near another of Esopus river ; they urging thai to be a most uncon- 
scionable division, and that it would cut ofi'two thirds of their coun- 
try ; that in the map printed from that original, whereon the par- 
tition lihe was drawn, they had a far greater scope of land ; I offered 
them to calculate the proportion of land in both Jersies, from the 
map or chart; and upon the division, they should have a like pro- 
portion unto what was therein allotted them ; which would have been 
about the third of the whole: They approved not thereof: I prof- 
fered lastly, to comply with the second line, which was proposed by 
our arbitrators, whereby we gave them a large tract of land, where- 

unto 



APPENDIX. 647 

unto they had no right; which sheweth, that we were both willing A. D. 
to come to an agreement, in our demands, moderate, favourable 1687. 

and friendly, in our concessions : I added, that the lands actually 
in their possession, or sold unto others before the line was agreed to 
be run, should be annexed unto, and for the future, accounted 
part of their country; which, according to their own concession, 
were some of the most rich, healthful, and pleasant tracts of land 
in either Jersies: Neither would this please ; they insisted upon the 
agreement, and would either have it performed or sue the bond : I 
was somewhat perplex'd how to preserve our own right, and secure 
our friends from harm ; but being willing, as I have been, to deny 
myself any private benefit for publick utility, when they pressed 
they had either power or not: If power, then all were obliged; if 
not, they in particular: I answered, they might apprehend them- 
selves to have power ; but really had it not; as appears by the pro- 
testations of the body of the proprietors and inhabitants of West- 
Jersey, wherewith the lord Campbell had acquainted me : And they 
themselves are likewise sensible, that they proceeded not only beyond 
but contrary to their commission ; and as for the bonds, they could 
not be sued, so long as they did upon no overt-act oppose such agree- 
ment; and the very utmost they could require from them, was so 
much land as came to their share upon a new division, according ta 
the deed of partition, whereunto they had signed. I then pro- 
ceeded to confute their pretensions from an equal division, shewing 
there was not the least foot steps for such a claim in the deed of par- 
tition : I desired them to consider, that West-Jersey proprietors gave 
above eighteen thousand pounds for the land, which cost not East- 
Jersey proprietors much above four thousand pounds, and for many 
years last past, proprieties of West-Jersey have been valued very 
little below those of East-J ersey ; which was merely upon the account 
of the opinion all persons; had the proprietors of East-Jersey, 
themselves not excepted, that our part exceeded theirs at least two- 
thirds in quantity of land: I was my self almost two years, owner 
of an intire propriety in East-Jersey, and continually heard their 
complaints; nor did 1 ever hear any mention of a right to an equal 
division, as to quantity of land, only valuing themselves upon the 
goodnessof their land, and con veniency of harbours ; which were open 
all the winter. And as for the pretension, that mr. Byllinge gave 
commission for an equal division ; we could produce hundreds of 
witnesses, that his great argument unto all purchasers, was, that 
W^est Jersey was three times as large as East, and equal I am a wit- 
ness, that he intended only equitable according to the agreement or 
deed of partition ; which diverse can testify. But 1 added withal, 
that if he had given a commission, I thought it not valid, without 
the consent and concurrence of the major part of the proprietors; 
before be sold the land, he might have disposed it at pleasure, and 
receded from his own rights; but having sold the land, the propri- 
etors were to take care, they had their due, according to the deed of 
partition; upon which terms they bought: For mr. Byllinge, when 
be granted the pretended commission of division, was possessed only 
of one single propriety, as he confessed unto diverse, having disposed 

of 



648 APPENDIX. 

A. D. of seventy, by absolute sale, and mortgaged the other twenty nine for 
1688. eight thousand pounds ; and tho" I was not willing to suspect any 

thing of mr. Byllinge ; yet let any consider whether it was fit, that 
an indigent person, when he had sold his land, should have it in 
his power to give away the moiety, under pretence of a power to 
adjust the division, for which he might receive a great sum of money, 
if favourably determined on the hehalf of those with whom we 
contended: And therefore, no division can be accounted just and 
legal, which hath not the consent and concurrence of the majority 
of the proprietors : I declared unto them, we had thereupon appoint- 
ed a general meeting, and we should acquaint them with the result 
of our consultation, if they complied with our proposal: and that 
it be likewise assented to by the majority of the proprietors in West- 
Jersey, it should become a final decision, and be entered in both our 
records, as upon such occasion is usual ; on the contrary, if they 
•would not hearken to a fair and just proposal, wherein we shall 
recede considerably from our right; we will declare ourselves free, 
and maintain the line according to the deed, until they can, either 
by course at common law, or by an appeal unto his majesty, make 
an alteration : And the owners of about forty proprieties in and 
about the city, do request all those who are present in West-Jersey, 
to lay claim unto, and account as your own just right, all that land 
from Egg-Harbour, to the north branch of Delaware, according to 
the letter of the agreement in the deed of partition, until the pro- 
prietors of East-Jersey have totally abandoned all pretensions unto 
this last, subtilly contrived, pretended agreement ; for if they have 
recourse to the common law, I am very confident, above two parts 
of three, will become undoubtedly ours. If they appeal to the 
king; we have not only confidence in his common justice, and un- 
biassed respect unto all his subjects, but a particular hope, that his 
majesty will remember the time and manner, and other circumstances 
of the division ; how sir George Carteret assured his highness (he 
being duke of York) that he chose the least part, because near unto 
his government of New-York. It is likewise well known, and can 
be attested by diverse, that sir George Carteret did value his share, 
tho' by him acknowledged not half so large as the other; yet abun- 
dantly preferable, upon the account of its being well settled with a 
sober and industrious people, which would invite others to come there, 
"Whereas the other was a desart, and so little esteemed for some time, 
that land in East- Jersey sold ordinarily eight, and often ten times 
the value which was given for land in West-Jersey : It had the advan- 
tage of seven fair town*, inhabited by 3500 people; as appears by a 
list I have: They well accommodated with corn and stock, able to 
supply at easy rates, new-comers with corn and cattle ; which cost 
the first settlers of West-Jersey a third more : Besides the neighbour- 
hood of New-York, a place of great trade, where they could be 
readily supplied with whatsoever cloaths, utensils, &c. they wanted. 
I flattered myself with hopes, that Mr. Penn, a person of great 
ability and interest among the proprietors of New- Jersey, and who 
hath often professed a great kindness for the inhabitants of West- 
Jersey, would have afforded me some assistance, and moderated at 

the 



APPENDIX. 549 

the least the violence of the current, upon the pretended agreement; A. D. 

but he hath frustrated my expectation, by complying with them in 1687. 

all things, antl signed with the rest ; which I confess was extreamely 
surprizing to me: and will, I doubt not, appear a little strange to 
divers amongst you : I could not imagine any considerate indifferent 
person could approve so unreasonable and surreptitious an award: 
But I perceive, that which most influenced him, is a persuasion that 
the division ought to be equal in quantity, and is confirmed therein 
by a passage in Mr. Byllinge's commission for settling bounds; 
wherein he uses the word equal ; and is persuaded, being herein 
influenced by Mr. Keith's false map, of which I have sent you a 
copy, that Mr. Reid's proposal is very fair and an exact equal division 
of the country. I do not herein charge Mr. Penn with any fault, 
who I believe acts according to his convictions ; but I only acquaint 
you herewith, that you may understand your own misfortune; for 
had not Mr. Penn embraced our interest, we should probably have 
made a more speedy and advantageous agreement; the proprietors 
being mightily fortified by his countenance and authority, to adhere 
to the late award, only as a great argument of their moderation 
and justice: They have made an order signed likewise by Mr. Penn, 
that if upon a new survey, it appears this agreement give them the 
greater moiety, they will refund so much as may reduce it to an 
exact quantity. It was a great defect on your part, to agree upon 
a division either with New-York or East-Jersey, until you had a 
most exact survey of the country ; they of New York and East 
Jersey, have in this respect, exercised the highest prudence, knowing 
the whole country to a little, and thereby have botii overreached 
you. I have seen their draught.*, than which nothing can be more 
exact ; but they dare not yet print them, till they have adjusted the 
affair with yon, lest their own maps should rise up witness f^gainst 
them: And considering how curiously and diversely Eariton 
south, and Pas.saick river are branched, I judge their country, 
quantity for quantity, double the value of ours: I never yet saw 
any maps of West-Jersey, in the least comparable to these of East- 
Jersey ; I have sent you a pattern of one part of their country, tho' 
they have a draught of every parcel, and ten times more large and 
particular than this. I do therefore make it my serious advice, and 
earnest request, that you will, with all speed, cause a very particular 
map to be made of your country : I do not mean of every propriety 
or plantation, but a true account of the length, with a note, if any 
part of the country be extraordinary barren ; where those barrens are, 
and of what extent : I had almost forgot to tell you a pretty policy of 
Mr Keith and John Reid, I suppose by direction from some of their 
superiors : The draughts they produce for division, are not in the 
least according to truth, nor according to those they sent their pro- 
prietors, whereof I having been two years of East Jersey, have most 
certain knowledge, and exact copies of their own draughts, to com- 
pare them ; but in those maps they produce for division, they make 
our country towards the sea and bay, near double the bigness it 
really bears, and their own almost half as little as really it is ; thence 
arguing for the reasonableness of addition unto the true line ; and 

indeed 



660 APPENDIX. 

A. D. indeed that which they pretend an equal division, to say nothing of 

1687« its exceeding ours, generally speaking in goodness; it is above !V 

fifth part greater in quantity, so that having received upon all hands, 
so unfair dealings, I declare it unto you all, as my opinion and 
advice ; and if I have any authority amongst you, I intreat and re- 
quire, that you treat not with them any further about any accommo- 
dation, nor own that pretended to be already made; but stand by 
the letter of the agreement between sir George Carteret and Mr. Byl- 
linge, viz. That the line be run directly from the east side of Little 
Egg-Harbour, unto the most northerly branch of Delaware river, 
in forty one degrees and forty minutes: And I question not, but 
we shall bring them to more reasonable terms than any they have 
hitherto proposed ; at least no pains nor cost shall be wanting on my 
part; and I have the concurrence of all our proprietors, Mr. Penn' 
excepted, whom I could any ways meet with or consult: And 
whereas I am very credibly informed that the proprietors of East- 
Jersey, have ordered lands to be taken up in divers places near the 
new pretended lineof partition ; that having possession, upon a review 
they may have a more spacious claim ; if any attempt of this nature 
be made, I do not only protest against it, but request and desire 
that all the inhabitants of West-Jersey do the same ; and at the same 
time, the surveyor of West-Jersey, or his deputy, do immediately 
take up in my name, all that land which is westerly of the Mill-Stone 
and Rariton river, which was not actually in their possession of 
East-Jersey, at the time of their pretended award between Mr. 
Emley and Reid : You will better understand my mind by the in- 
closed map, which is a copy exactly drawn from one of their origi- 
nals ; and we favour them very much in going no further, (for ac- 
cording 10 strictness, our line runs within three miles of Perth city) 
and by allowing them that great tract of most excellent land, from 
thence to the meeting of Millstone and Rariton river. I shall add 
one thing more, which s'eemeth to me of the greatest consequence: 
I beseech you let there be no animosity or indignation, severe censure, 
or spightful reflections, on those who gave their consent unto the 
award made by Emley : For my part, I am fully satisfied in the 
honesty and fairness of their intentions; but the best of men may 
be overreached by cunning designing persons ; forget what's past, 
and live together as becomes christians, and neighbours and country- 
men. As I have taken care that the publick shall not sufier by their 
act, so I shall likewise endeavour to secure them from any trouble, 
only they cannot act in conjunction with the rest of the proprietors j 
concerning which I shall give them particular instructions; in the 
interim, I reiuain your most afl^ectionate friend*, Dan. Coxe. 

* The papers here and before introduced, relating to the division line 
between Eaut and West- Jersey, appeared to be those best adapted to give a 
general insight into the proceedings ; and the reader may rest assured that 
they were not selected with the least partial biass to either side of the 
question; but if contrary to expectation, it should be hereof ler found that 
any thing material to the purpose is omitted, upon its being properly point- 
ed out, endeavours will be v,sed, with the utmost candour, to have such 
omission supplied, or the matter otherwise rectified, as far as opportunity 
may aUow. NUMBER 



APPENDIX. 551 



NUMBER. Y. 

The council of proprietors of West- Jersey, to goverTuyr 

Burnd. 

To his excellency William Burnet, esq ; captain general and com- 
mander in chief of the province of New-Jersey, &c. and the 
honourable his majesty's council there met. 

IN obedience to an order of council, appointing a time to the 
proprietors for exhibiting their reasons, why the bill for repeal- 
ing an act for running and ascertaining the line of partition between 
the eastern and western division of New-Jersey, now lying before the 
council, should not pass. We for ourselves, and in behalf of those 
for whom we are concerned with, other the proprietors of New- 
Jersey ; humbly beg leave to represent as followeth, viz. 

That king Charles the second having by letters patent in the 
year 1663, granted to his brother, his royal highness the duke of 
York, and his heirs and assigns, all those tracts of land in America, 
of which the colonies of New- York and New- Jersey, now consist; 
his royal highness by good deeds and conveyances in the law, 
granted all that part called the province of New-Jersey, as it is now 
bounded by the sea, Hudson's river, Delaware bay and river ; and a 
strait line running from the latitude of 41 degrees, on the west side 
of Hudson's river, to the latitude of 41 degrees 40 minutes, on the 
east side of Delaware river ; unto the right honourable John lord 
Berkeley, and sir George Carteret, and to their heirs and assigns 
for ever. 

That the said lord Berkeley, by like deeds, granted his moiety or 
half part of the said tract or province, unto John Fenwicke, in trust 
for Edward Byllinge ; and the said Fenwicke, by other like deeds 
duly executed, declaring the said trust, granted nine tenth parts or 
ninety hundredth parts of all the said moiety, which the said lord 
Berkeley had conveyed to him as aforesaid, unto William Penn, 
Gawen Lawrie, and Nicholas Lucas, in trust for the said Edward 
Byllinge. 

That the said sir George Carteret, and the said Edward Byllinge, 
and trustees, upon a full and absolute agreement among themselves, 
for dividing the said premisses into two equal parts in value, by 
indenture quintipartite; dated the first of July, 1676, did accord- 
dingly divide the said land, by a line to be run from little Egg-Har- 
bour, to a certain station point in the latitude of 41 degrees 40 
minutes, on the most northerly branch of Delaware river ; by which 
the easterly part was ascertained to sir George Carteret, and the 
westerly to said Edward Byllinge and trustees. 

That after the said partition so agreed, the said Edward Byllinge, 
and trustees, proceeded tograntand convey thesaid Edward Byllinge's 
part or share, being nine-tenth parts of the western moiety, unto 
several purchasers, under whom moat or all the lands of the said 

western 



562 APPENDIX. 

western division are held, excepting only Salem tenth ; and that the 
proprietor of the said tenth acquiesed also in the same, can be suffi- 
ciently proved: And in all and every of those deeds of conveyance, 
the said indentures quinti-partite, and divisions made thereby, are 
recited as the foundation on which all those grants respectively are- 
made in the said westerly part or division. 

That after the said sir George Carteret's decease, his widow and 
executrix, who was thereunto fully impowered, granted all the 
easterly part of the said province, to certain purchasers, called the 
proprietors of East Jersey, by sundry deeds and conveyances, all 
which deeds in like manner recite the aforesaid indentures quinti- 
partite, as the foundation on which all those grants in the eastern 
division are made respectively. 

That it is only by force of this agreement and partition, executed 
as aforesaid, that the proprietors of the western division are limited 
to the western part of the said province, on the side of Delaware: 
and that the proprietors of the eastern division are limited to the 
eastern part of the said province towards Hudson's river and the 
sea ; for had no ^uch division been agreed on, as is recited in all the 
respective deeds of conveyance to the proprietors, those of the- 
western division, might with an equal right, have claimed the land 
towards Amboy, &c. and those of the eastern might have claimed 
the lands towards Burlington. But the said quanti-partite indenture- 
being executed as aforesaid, before the sales to the proprietors were 
made, and recited in all the deeds of conveyance, became an abt;o- 
lute limitation ; so that neither on the one part nor on the other, any 
purchaser could claim otherwise than according to that limitation^ 
by which their lands were actually conveyed. 

That notwithstanding this legal, clear and absolute partition, 
which is binding on every proprietor of the eastern division, and at 
least on all the nine tenth parts of the western division, sold by 
Edward Byllinge, or his trustees, and from which, those who are 
ekilled in the law, well know it is impossible legally to recede, with- 
out the joint concurrence of every individual interested on the pur- 
chases made under Edward Byllinge, and trustees, and under sir 
George Carteret ; for it is well known, that iio majority without 
the whole will in these cases determine tlie point ; yet there have 
been some persons found from time to time, who on partial views to 
themselves, have laboured to introduce some other sort of division ; 
and considerable numbers have been so far unhappily imposed upon, 
as to imagine a change thereof might be practicable, from which 
unfortunate deception, attempts have been made to alter it, and 
aome lines for that purpose have been run, and settlements thereupon 
made, without due regard to the true bounds of tlie respective divi- 
sions ; which introduced such confusion, that the value of lands near 
the boundaries, have been much lessened, and the people discouraged 
from making improvements, where the right to the soil itself was 
liable to be questioned, as not lying within the division, under which 
it was purchased. 

That the mischevious consequences and manifest irregularities of 
those attempts, as well as their injustice and inconsistency with law 

and 



APPENDIX. 553 

and reason ; being at lenf:;th maturely considered under the admini- 
Ptration of your excellency's honourable predecessor, brigadier 
Hunter ; a bill was prepared, not only for causing the aforesaid par- 
tition line, directed by the quinti partite indentures as aforesaid, to be 
actually run, as the only legal division that could be made, and 
which might well at any time have been run, by the tenour of the 
proprietors general deeds, without any leave, if means could have 
been readily found to defray the charge ; but itwas also more especially 
provided in the said bill, for the settlement of all those who by any 
mistake had seated themselves, or taken up their lands, without the 
bounds of their respective divisions, in which they ought to have 
been surveyed, that they should all be served in their respective pos- 
sessions, by the exchange of an equivalent, granted by each division 
to the other; which method was judged to be the only practicable 
means of making all those inhabitants easy and safe, in all their im- 
provements and estates; and accordingly the said l)ill, thougli at 
tirst exploded in the assembly, as being brought into tlie house some- 
what too late in time; yet when admitted, was passed by the gover- 
nor and council, and by the same house, wiiliout one dissenting vote. 
And in pursuance thereof, with the concurrence and assistance of the 
several provinces concerned, tlie station point, at the latitude of 41 
degrees 40 minutes, upon Delaware, was fixed, and random lines 
were carefully run along the wliole distance of liie two extreme 
points, that the true line itself might be run with the greater certainty 
and ease: It was therefore astonishing to us, to find (as your excel- 
lency and honourable council have been pleased to make known to 
us) that it should enter into any man's thoughts, to solicit the repeal 
of an actgrounded on so solid and unmovable a foundation in law on 
one part, and on such justice and equity on tlie other, as we have 
here humbly represented ; and tliis even without the least offer of any 
other plan for remedy of the evils under which this province has so 
long laboured for want of a due settlement in the premise-;. 

Nor can we conceive what motives could possibly induce any 
inhabitant of the province, to endeavour to sap the very foundation 
of all our settlements, unless there should be any of the opinion, 
that a just, regular and final determination of the boundaries, and a 
clear and quiet establishment should not quadrate with their particidar 
interests ; and that they may hope for greater advantages from their 
own boundless claims in a state of confusion : Tiiat there may be 
something of this kind in view, we have but too great reason to 
apprehend from the strenous endeavours used of late to difi'use ground- 
less jealousies and false insinuations among the people of the west- 
ern division, as if the lesser proprietors would by the late act, be in 
danger of losing their fourth dividends, while the greater would 
be secure in the possession of theirs ; the absurdity of which, the act 
itself, with the common method of taking up those lesser fourth 
dividends, will fully evince ; as also introduce new and extraordinary 
methods of splitting the smallest shares for qualifying votes for the 
council of proprietors, who at this time consist of a number of men, 
•whose shares (one gentleman only excepted) will not, as we are well 
assured, amount to two proprieties in the whole ; nor were their 

electors 



564 APPENDIX. 

electors much differently qualified, as upon a scrutiny, may be fully 
made to appear. 

But as your excellency's principal concern, is the peace and pros- 
perity of the people, committed by his majesty to your care ; 
and no subjects can be more deeply interested in the same, than hiu 
majesty's honourable council for the same province; and as your 
wisdom we doubt not will as clearly see, as your justice will dispense, 
and order what may most conduce to those desirable ends ; in a firm 
dependance therefore on botli these, we shall crave the liberty to pray, 
that the said bill now lying before the council, for repealing that 
most useful act, may be rejected ; and that instead of yielding to what 
might engage his majesty's province in future confusions, your 
excellency and the council, together with the assembly, would be fa- 
vourably pleased to encourage such other proposals as may be made, 
for happily ending all manner of controversies and disputes, concern- 
ing the estates of the people of the said province. 

John Ladd, for himself and Col. John Alford ; John Budd, for 
eelf and Boullon ; John Kay, Wm. Cooper, Francis Rawle, jun. 
Charles Brogden, Samuel Lippincott, John Snowden, jun. Isaac De 
Cow, for himself and Samuel Barker ; Matthews Oardiner, Isaac 
Pearson, William Pancoast, William Biles, Isaac Watson, William 
Rawle, Thomas Sharp, for self and John Dennis; John Estaugh, 
for the London company, John and William Dimsdale, Peter Rich, 
Benjamin Hopkins and self: William Biddle, Hugh Sharp, Henry 
Hodge, Robert Rawle, George Budd ; James Logan for proprieties, 
William Penn's family 12, John Bellers 1, Amos Stlrelle 1, myself ^ ; 
Richard Hill for Nath. Stanbury, Mary Willson. 



NUMBER VI. 

Reasons and proposals for an amendment of the quinti 
partite line, and the act made for the Gonfirmation thereof. 

. -jv First. T)ECAUSE the act was passed without the knowledge or 

ijjo- * Jj consent of numbers of the proprietors, and the allowing 

or disallowing the line, being matter of property, and of great 
consequence to them ; it is conceived to be against natural justice to 
pa^s any law, to dispose of their private property without their con- 
sent. 

Second, Because there was another line more fairly and equally 
agreed to by the governors, and majority of the proprietors of each 
division, ana actually run at great expence. 

Third, Because the act is deficient in divers instances, and par- 
ticularly in this ; that tho' by the act, the quantity of land in each 
division, is to be the same, yet the quality thereof is not regarded, 
and may be extreamly different; the eastern division being well 
known to contain considerable more good land than the western ; 
which, with the addition of Staten-Island, which it's presumed is 
their right, will make thsir share considerable more in value than 

what 



APPENDIX. 655 

what must fall to the western proprietors ; and particular persons may 
be very much prejudiced thereby ; for an equal number of acres of 
land, up at Moliockamaek, or in any of the upper parts, would 
scarcely be thouglit an equivalent to any individual, for the loss of 
a tract in the lower part of the province. 

Fifth, That several tracts of lands, since the making of that act, 
have been taken up both by western and eastern proprietors, which 
the line, when run, may cast into the opposite division from that 
they were thought to be ; and as this mistake would not have hap- 
pened but from the neglect of running the line, it would be hard 
they should suffer, and would therefore be proper to fall on measures 
to secure them in their possessions. 

Sixth, The commissioners and surveyors are not linaited from, 
but have it iu their power to give away (under pretence of an equi- 
lant) the estate of any one proprietor, if in the fourth dividend, 
tho' it should amount to 10 or 20,000 acres, and that before sold 
or disposed of 

Seventh, That many of the proprietors and purchasers in West- 
Jersey, had, before the making of that act, sold several tracts of land, 
surveyed and recorded in right of a fourth dividend, which may 
fall to the eastward of the quinti partite line, tho' they were to the 
westward of the line agreed to by Coxe and Barclay, (which at 
that time was universally esteemed to be the true line) yet by this 
act the purchaser may be ousted of his freehold, and the vender 
liable to be sued and put to great charge ; which is an inconveniency 
proper to be considered and redressed. 

It is therefore proposed, that the proprietors of each division, 
should consent to an amendment of the above grievances, and that 
an equivalent be given to the western proprietors, for the lo*s of that 
gore of land between the quinti partite line, and that commonly 
called the scotch line, up to the south branch of Rariton : and also 
for so much of that tract of land lying in the forks of the north branch 
of Rariton, held under eastern rights, should it be continued to the 
eastern proprietors pursuant to that act, it being always received to 
be in the western division by the agreement made between Coxe 
and Barclay. 



NUMB. VII. 

At a council of proprietors held at the city of Perth- Amboi/f 
August 17, 1742. 

PRESENT. 

John Hamilton, esq; president. Mr. Dunstar. 

Robert Hunter Morris, esq ; Mr. Peters, for Messrs. Penns. 

for Mr. Ashfield's propriety. Mr. Leonard. 

Mr. Alexander, Mr. Nevill. 

Mr. Johnston. Mr. Smythe. 

Mr. Burnet, Mr. Foreman. 

THIS 



656 APPENDIX. 

THIS board having had under consideration, at its several meetings 
in and since September last, the paper delivered by the western 
proprietors, entitled, reasons and proposals for an amendment of the 
quinti partite line, and the act made for the confirmation thereof^ 
have hitherto delayed coming to any resolutions; in order that all 
the members might thereby have an opportunity of weighing and 
giving their judgments in a matter so nearly affecting their interest; 
and the same being now maturely considered at a full board, it is 
unanimously agreed, to return the following answers to the several 
articles of the said paper. 

To the first, it is the opinion of this board, that though the act 
might have parsed without the knowledge and consent of some of the 
proprietors of the western division of New-Jersey, yet they have 
reason to believe, it was warmly solicited by such as were owners of 
a great number of the shares, and past with the consent of a greater 
number of those proprietors, than ever hath been, or can be got to 
agree to any alteration of that act : As to the quinti partite line, the 
deed of 1676, by which it was agreed on, having been executed by 
all the then proprietors of the eastern and western divisions of New- 
Jersey, did legally establish that partition line ; and being so esta- 
blished, it wanted not the authority of that act to make it binding 
on all parties thereto, and their assigns ; nor does that act, as we 
conceive, by establishing that line, dispose of any man's property. 

To the second, this board has been informed, and believes, that 
in the year 1686, the lieutenant governors of the eastern and western 
divisions of New-Jersey, entered into bonds of arbitration, to stand 
to the award of John Reid and William Emley, concerning the par- 
tition line between East and West Jersey ; and that those arbitrators 
made an award of the course which such line should run from little 
Egg-Harbour; and that the following year George Keith, surveyor 
general of the eastern division ; did, as we believe, at their expence> 
actually run the line so awarded, from little Egg Harbour, to Dobies 
plantation, on the south branch of Rariton ; which is upwards of 
sixty miles. 

This board has likewise been informed, and believes, that another 
partition line was afterwards agreed on between the chief governors 
doctor Coxe and Robert Barclay ; but has not iieard of any part there- 
of being afterwards actually run ; and it appears not by any thing on 
our records, that either of those two lines were made binding on the 
proprietors of either division, or with consent of the majority of the 
proprietors ; and had they been with such consent, yet could they 
not thereby have appeared to alter the quinti partite line before 
agreed to by all the proprietors. 

To the third, we know nothing in the act that supposes the quan- 
tity of land in each division to be the same; nor do we conceive 
after the execution of the quinti partite deed, that the proprietors 
of either division had any concern with the quantity or quality of 
the land of the other division ; tho' were it a matter proper to be 
enquired into, we have reason to believe, that the western division 
would be found to contain a much greater number of acres, even 
iacluding Staten-Isiand, than the eastern division. 

To 



APPENDIX. 557 

To the fourth, there has been many applications from the eastern 
to the western proprietors, to join in tlie running tlie quinti partite 
line according to tlie act, and the eastern proprietors have always 
been ready to join in that work ; and if any mistakes have happened 
such as the article sets forth, its but reason they should suffer, seeing 
the proprietors of bolli sides were sufficiently warned by that act, 
of the danger of such mistakes, and ought to place their loss thereby 
to the account of those who liave been the cause of the delay of the 
running of the line. 

To the fifth and sixth, we are of opinion, that the act was princi- 
pally framed, with a view to prevent the inconveniencies set forth in 
these articles, and is sufficiently worded to answer the ends. 

As to the equivalent proposed by the said paper to be given to the 
western proprietors, we conceive, that the act has fully provided a 
remedy for an equivalent to that division, to which it shall be found 
to belong. 

And upon the whole, as the act was passed with the consent of a 
very great number of proprietors, especially of the western division, 
and as the act has received the royal assent, so that no alteration can 
be made therein but by the king's express assent first had: And as 
it might be of very dangerous consequence, to alter or attempt 
the altering any part thereof; and as we believe the consent cannot 
be had of so great a number of the proprietors to any alteration, as 
there was to the making of the act ; we cannot agree to any the least 
alteration therein ; and hope the western division proprietors will 
join with the eastern proprietors in the running of the line, and 
estimating the equivalent, pursuant to the act : And that the work 
may be begun this fall, and carried on in the manner profiosed by 
the minute of this board, of the 28th of May, 1741, (whereof 
a copy was then sent to the western proprietors) or in such other 
reasonable manner as can be agreed on ; and hope, that we may 
not be laid under any necessity of running the line exparte, or of 
taking any compulsory method for settling the equivalent; and in 
hopes that things so disagreeable, might have been avoided, w& 
have hitherto delayed the having recourse to them. 

Ordered, that Mr. Johnston, Mr. Nevill, Mr. Burnet, Mr. 
Leonard and Mr. Smyth, or any three of them, be a committee to 
agree with the western division proprietors, upon the time, ways, 
and means for running the said line, pursuant to the act ; having 
regard to the former minutes of this board concerning the same, 
and to employ the persons necessary for the work in behalf of the 
eastern proprietors ; which committee are to be ready at Perth-Amboy 
at any time, until the end of March next; to meet or correspond 
with a committee of the western proprietors for the above purpose. 

Ordered, that if any other of the members of this board, be at 
Perth-Amboy, that they be admitted into the said committee. 

Lawr. Smyth, register to the council of proprietors. 



NUMBER, 



^8 APPENDIX. 

NUMBER VIII. 

To the King's most excellent majesty. 

The remonslra7i.ce and humble petition of your majesty's most loyal sub' 
jeets, inhabiting in your majesty's province of East New-Jersey, 
in America. 

Humbly sheweth, 

THAT whereas your majesty's humble petitioners did remove 
and settle themselves into the said province of East New-Jersey, 
and by virtue of a licence from the honourable colonel Richard 
Nichols, governor of the said province, under his then royal highness 
the duke of York, to purchase lands of the native pagans ; did, ac- 
cording to the said licence, purchase lands of the said natives, at 
their own proper costs and charges ; and whereas since his said royal 
highness did sell and transfer all his right and interest to the said 
province of East New- Jersey, to certain proprietors; by whose 
licence, several others your majesty's loyal subjects, have also since 
purchased lands at their own proper costs and charges, of the native 
pagans of the same place ; whereby they humbly conceive they have 
acquired and gained a right and property to the said lands so pur- 
chased ; yet notwithstanding, your majesty's loyal subjects are mo- 
lested, disturbed and dispossessed of their said lands, by the said pro- 
prietors or their agents ; who under pretence and colour of having 
bought the government, with the soil, have distrained from, and 
•ejected several persons for and under the pretence of quit rent, and 
lord's rent ; whereby your majesty's liege subjects have been sued, 
and put to great trouble and charges, and have been compelled to 
answer to vexatious actions ; and after they have defended their own 
rights, and obtained judgment in their favour, could not have 
their charges, as according to law they ought to have ; but have been 
forced to sit down under the loss of several hundreds of pounds, 
sustained by their unjust molestations. 

And further, notwithstanding your majesty's liege subjects have 
purchased their lands at their own proper costs and charges, by 
virtue of the aforesaid licence; yet the said proprietors, governors 
or agents, without any pretended process of law, have given and 
granted great part of the said lands, by patent, to several of the said 
proprietors and others, as to them seemed fit. 

And notwithstanding their pretence to government, yet they left 
us from the latter end of June, 1689, till about the latter end of 
August, 1692, without any government, and that too in the time 
of actual war ; so that had the enemy made a descent upon us, as 
we were without any military oflScers to command or give direc- 
tions, in order to our defence, or magistrates to put the laws in 
execution ; and during the whole time, the said proprietors have 
governed this your majesty's province, they have never taken ctire 
to preserve or defend us from the native pagans, or other enemies, 
by sending or providing any arms, ammunition or stores ; but rather 

have 



APPENDIX. 66» 

have provoked and incensed the said natives to naake war upon ua, 
by surveying and patenting their lands, contrary to their liking, 
without purchasing the same from them, or making any satisfaction 
in consideration thereof; and sometimes when the said natives have 
sold and disposed their lands, as to them seemed meet, they the 
said proprietors have disposed of the same to others, or else found 
them who had the property in it, to purchase it of them, upon their 
own terms ; which the said natives have highly resented, and often 
complained of, and (may justly be feared) wait only for an oppor- 
tunity to revenge it upon the inhabitants of this your majesty'a 
province. 

And further to manifest the illegal and arbitrary proceedings of the 
said proprietors, in contempt of your majesty's laws, and against 
their own knowledge, signified in a letter by them to the council 
here in East New-Jersey, wherein they say as foUovveth : ' We have 
' been obliged against our own inclinations to dismiss colonel Ham- 
' ilton from the government, because of a late act of parliament dis- 
' abling all Scotchmen to serve in places of publick trust and profit, 
' and obliging all proprietors of colonies to present their respective 
' governors to the king, for his approbation ; so we have appointed our 
* friend Jeremiah Basse, to succeed colonel Hamilton in government, 
' whom we have also presented to the king, and by him he is owned 
' and approved of.' Notwithstanding which letter, they have su- 
perseded the said Jeremiah Basse (whom they wrote was approved by 
your majesty) and have commissionatad the said colonel Hamilton, 
without your majesty's royal approbation ; although removed before 
by them, as a person disabled by law; who now by virtue of their, 
the said proprietors commission only, would imposp himself upon ua 
as governor ; and when in government before, superseded by the 
aforesaid Basse, was by them continued about a year after the 25th 
of March 1697, without taking the oath enjoined by law ; and doth 
now presume to exercise government, not having legally taken tiie 
said oath, or having your majesty's royal approbation. The said 
proprietors of East New-Jersey, have also, in contempt of your ma- 
jesty's known laws, commissionated a native of Scotland to be 
secretary and attorney-general of this your majesty's province ; (being 
both places of the greatest trust next to the governor) and one of the 
same nation to be clerk of the supreme court of this your nuijesty'.s 
province ; which may be of ill consequence, in relation to the act of 
trade and navigation, and to the great hindrance of your majesty's 
loyal subjects, (the power of government being chiefly in the hands 
of natives of Scotland) from informing against any illegal or fradulent 
trading, by Scotchmen, or others in the province. 

We your majesty's loyal subjects, labouring under these, and many 
other grievances and oppressions, by the proprietors of this your 
majesty's province of East New-Jersey ; do in most humble manner, 
lay ourselves before your majesty (the foiuitain of justice) humbly 
imploring your majesty will b« graciously pleased, according to your 
princely wisdom, to take into consideration our evil circumstances, 
under the present proprietors, (if the right of government is invested 
in them) and that your majesty will be graciously pleased to give 

your 



660 APPENDIX. 

your royal orders to the said proprietors, that with your majesty's 
royal approbation, they com mission ate for governor, a fit person 
qualified according to law, who as an indifferent judge, may decide 
the controversies arising between the proprietors and the inhabitants 
of this your majesty's province ; and settle all the differences, which 
at present they labour under; and your majesty's petitioners as in 
duty bound, shall ever pray. 

John Royce, Samuel Walker, Vincent Rugnion. 

Memorandum. Besides these three, there are 221 more in the 
original. 



NUMBER. IX. 

To the righi honorable the lords of the council of trade 
and foreign plantations. 

The memorial of the proprietors of East New-Jersey, in America. 

THE proprietors having in all their applications to this honourable 
board, shewed an aversion to have any controversy with his 
majesty ; as by their several expedients in their memorials laid before 
your lordships may appear; and considering how often the near 
neighbourhood of East-Jersey to New York, (the most important 
frontier belonging to the crown of England, in North-America) has 
been urged upon them, to induce them to a resignation of their go- 
vernment ; they do hereby declare themselves ready to surrender the 
same to his majesty ; although the government was the chief motive 
of purchasing the said province, which they did by the opinion and 
advice of eminent council, learned in the law ; upon the credit of 
which, and the confirmation by king Charles the second, of the title 
to the grantees, their heirs and assigns, as absolute proprietors and 
governors (as by his proclamation hereunto annexed does appear) 
they have buried great part of their estates in building, and planting 
the country ; and at their own expence maintained the government 
for several years past, as well as before his majesty's happy succession 
to the crown, as ever since ; and have not received any returns what- 
soever, for all their labour and cost to this day. In consideration of 
the premisses, the pro[)rietora do, in humble confidence, rely on his 
majesty's justice and goodness, to confirm to the proprietors and 
planters respectively, the following rights and privileges; to render 
them (at least) as easy under his majesty's government, as when 
under the proprietors ; towards which they presume to enumerate 
the following particulars, viz. 

First, That his majesty will be graciously pleased to confirm to 
them, the soil and lands of the said province, and the quit rents 
reserved upon the grants made, or to be made to the planters or others. 

Second, That upon the annexation of the government of the 
said province, to that of New- York, the port of Perth-Amboy 
may be established, for entering ships, and importing goods there, 

and 



APPENDIX. 661 

and exporting goods from thence, without being obliged to enter 
their ships at any other place; paying the same, or like custom to 
his majesty, as are or shall from time to time, be payable at New- 
York. 

Third, To have free liberty to trade with any Indians, or other 
inhabitants of America, without interruption ; and the proprietors 
to have the sole privilege (as always hath been practised) of pur- 
chasing from the Indians, all such lands lying within Fast-Jersey, 
as yet remain unpurchased from them. 

Fourth, All necessary officers and courts of justice, for administra- 
tion of justice, in cases criminal and civil, to be appointed and 
held in East-Jersey; in the same manner as is practised within the 
government of New-York; and that the inhabitants may not be 
obliged to go to New-York, or be impleaded there, for any criminal 
■or civil matter arising within East-Jersey, nor be compelled to serve 
upon juries, or in any ministerial office within the province of New- 
York. 

Fifth, That a superior court be held twiceayear, at Perth-Amboy, 
before which writs of error, or appeals (in the nature of writs of 
error) from other courts within the province, may be brought and 
determined. 

Sixth, That the public register, and all records relating to the 
said province, may be kept at Perth-Amboy, and not removed to 
any other place ; and that the constituting of the secretary and re- 
gister, and the surveyor general of the said province of East New- 
Jersey, remain in the proprietors. 

Seventh, That the same number of counties be continued in East 
Jersey, as there are at present, and by the same names ; and that 
each county in East Jersey, may choose and send as many representa- 
tives to the general assembly, to be held for New- York and East- 
Jersey, as are or shall be chosen by any county in New- York ; and 
if any more counties shall be hereafter created or appointed in New- 
York, as many may be created and appointed in East-Jersey. 

Eighth, That a proportionable number of the inhabitants of East- 
Jersey, may be appointed to be of the governor's council, at all 
general assemblies, and to have votes therein. 

Ninth, That the twenty-four proprietors may be lords of the 
soil, and hold courts for the lands in their proprietyships, and ap- 
point all officers that relate thereunto. 

Tenth, No person or persons whatsoever, to be molested or de- 
prived of any civil right or privilege, or rendered uncapable of 
holding any office or employment in the government, because of 
their religious principles ; the province being planted by protestant 
people of divers persuasions, to whom that liberty was an original 
encouragement. 

Eleventh, That all wills of persons dying within East-Jersey, and 
letters of administration of estates lying there, may be made and 
granted by the chief judge of East-Jersey, for the time being, who 
is to reside there, and a register thereof kept at Perth-Amboy. 

Twelfth, That the proprietors still have their powers continued, 
to grant markets and fairs in the said province. 

Thirteenth, 
2k 



562 APPENDIX. 

Thirteenth, Lastly, all lands, goods and chatties of felons, felona 
of themselves, deodands, fugitives, persons outlawed and put in 
exigent, waifs, estrays, treasure trove, mines and minerals, royal 
mines, wrecks, royal fish, that shall be forfeited, found or taken 
within East-Jersey, or by the inhabitants thereof, within the seas 
adjacent, to remain to the proprietors, with all other privileges and 
advantages, as amply as in the grant and confirmation to them of the 
fourteenth of March, 1682. 

And because many of the proprietors of East- Jersey, are also pro- 
prietors of West-Jersey ; it is humbly desired, that colonel Andrew 
Hamilton, may be dispatched by this board, to the government of 
West-Jersey ; his presence being much wanted there, for the con- 
venience of his majesty's subjects in that province. 

Signed by order, and on behalf of the proprietors. 

William Dockwra, secretary and register. 



NUMBER X. 

Opinion and answer of the lords commissioners for trade 
and plantations, to the memorial of the proprietors of 
E. N. Jersey, in America, signed by Mr. Dockwra, 
and received from him the 5th of July, 1699.* 

Article I. TT/^E have no objection to what is herein desired. 
Article II. VV We conceive his majesty may do what is herein 
proposed, in case the proprietors accept of a new charter, with such 
conditions as are reasonable, with relation to their propriety; but 
that it is very improper for his majesty to oblige himself to a com- 
pliance with this article by any clause in the new charter. 

Article III. The first part of this article is unreasonable ; since 
it may happen to be sometimes advisable to restrain this liberty : But 
the proprietors of East-Jersey may have tlie same liberty granted 
them of trading with the Indians, as is granted to the inhabitants 
of New-York, or any other plantation in America, under his maje- 
sty's immediate government; what relates to the purchasing of land 
may be allowed. 

Article IV. The first part of this article, we conceive, may be 
fit to be allowed, (provided the officers be appointed by the king's 
governor) but not without appeals in civil matters, to the king's 
governor and council, and to the king in council ; nor so as to hinder 
trials in criminal matters, by his majesty's especial commission, to 
be executed either in New- York, or feast-Jersey, as shall be thought 
fit; New- York and East-Jersey being to be accounted one province, 
without distinction, except as to the propriety of lands, and the 
dominum utile. 

* Taken from the books in the plantation office. 

Artiolr 



APPENDIX. 563 

Article V. This article we think fit to be allowed of, provided 
there be a further appeal to the governor of New-York, and council, 
which is to consist as well of the inhabitants of East- Jersey, as of 
those of New- York, indifferently. 

Article VI. What relates to the publick register and records, to 
be kept at Perth-Amboy, may be allowed ; but the not removing them 
to any other place, upon any account whatsoever, when the publick 
service shall require it, seems unreasonable ; and the proprietors con- 
stituting of the secretary and register (which the king does every 
where appoint) does not seem fit to be allowed; nor is it fit there 
should be more than one chief secretary, both for New-York and 
New-Jersey, who may appoint a deputy to ofiSciate in his absence 
from either place. 

The surveyor general has a more particular reference to the propri- 
etors and their lands ; so that their constitution of such xn office^ 
may be allowed. 

Article VII. We have no objection against the number of 
counties ; but the rest of this article seems to be wholly unreasonable ; 
and in case East-Jersey be allowed to send one sixth part uf the 
representatives of the general assembly, and West New-Jersey one 
sixth more (which would be one full third of the whole number of the 
representatives for New-York and the Jersies) it is as much as can 
well be allowed ; since otherwise these two Jersies under proprietors, 
would come in competition with New-York itsell, and out-vote 
that part of the province when united ; so that one-third of the 
number of representatives for the Jersies, and two thirds for New- 
York (or thereabouts) seems a reasonable proportion. 

Article VIII. This may be reasonable; but then the proportion 
must be agreed on, so as to answer that of the preceding article. 

Article IX. We have no objection to this article, in case those 
officers be no other than such as constitute a court baron or leet in 
England. 

Article X. This article ranst be regulated by acts of parlia- 
ment, and the usage of New- York itself. 

Article XI. The probate of wills is usually in the king's go- 
nernor; but he may appoint commissaries for executing the same ia 
any part of his government. 

Article XII. We have no other objection, than that this power 
is usually in the governor. 

Article XIII. This article may be reasonable, except as to the 
goods and chattels of traytors, fugitives, and persons outlawed, 
which is matter of state; nor can right accruing to the proprietors 
from the seas adjacent, be well circumscribed ; the grant also of 
1682, ought to be duly considered, and such particulars therein as 
are proper, may be allowed of without such a general and undeter- 
mined reference. 



NUMBER 



£64 APPENDIX. 



NUMB. XI. 

To the right honourable the lords of the council, of trade and 

foreign plantations. 

The humble memorial of the proprietors of the province of East 

New-Jersey in America. 

THE proprietors in all their applications to your lordships, and 
particularly in their last proposals, having express'd a great 
readiness of complying with his majesty's pleasure, in relation to 
their government, so as tlieir properties might be preserved to them, 
by such concessions on his majesty's part, as are necessary to that end ; 
are surprised at the dubious answer returned by your lordships to the 
second article of their proposals, concerning the establishment of a 
port at Perth-Amboy, for entering ships and importing goods there, 
and exporting goods from thence without being obliged to enter 
their ships at any other place. For the principal objection that has 
been always made, to the allowance of a port in East-Jersey, arising 
from the non-payment of customs there, and the^.(letriment accruing 
to the trade of New-York ; by reason thereof tlie proprietors con- 
ceived, that by submitting to pay the same customs as are paid at 
New-York, they had effectually answered that objection, and pre- 
vented all others; and that they being his majesty's subjects, and 
equally entitled to his favour and protection with the inhabitants of 
New-York, might under the payment of such dirties, freely enjoy 
those conveniencies for trade, which God and nature have allotted to 
their colony, and they have purchased with their money, and which 
has not been denied to any other American plantation ; tho' paying 
Tio customs, but permitted as a natural right. The proprietors 
therefore crave leave (in pursuance of that sincerity and plainness 
wherewith they have all along addressed to your lordships 
on this occasion) to declare, that the obtaining a port to be 
continued forever, was their main inducement to consent to a surren- 
der of their government ; and therefore, they insist, that in the new 
charter to be granted them by his majesty, there be an express clause 
inserted, whereby Perth-Amboy shall be established a port forever, 
for entering ail ships coming into, and going from East-Jersey, for 
importing and exporting goods ; and that such port shall not be for- 
feited or taken away for any misdemeanor whatsoever, but only the 
persons guilty of the misdemeanor, shall be accountable and punish- 
able for it. 

This is the only thing that makes the province of any value to 
the proprietors, or give them hopes of re-imbursing their purchase 
money, und other expences in improvements ; and if your lordships 
think it too great a privilege for them, who have been faithful 
subjects to his majesty, and contributed to the defence of the fron- 
tiers during the late war in America, more than they were able to 
bear; the proprietors cannot be accessary to their own ruin, by a 
voluntary surrender ; but must endeavour to vindicate their rights in 

a 



APPENDIX. 665 

a legal manner, and seek redress by such other measures as they 
shall be advised to, and are consistent with their duty to his majesty. 

The proprietors do further crave leave to mention, that if their 
desire of a port is once granted, they do not foresee any great diffi- 
culty, to adjust with your lordships the other articles mentioned la 
their memorial. 

Signed on the behalf of the said proprietors, and by tlieir order, 
WiliLiAM DoCKWRA, Secretary and Register. 
London, 15th January, 1699 1700. 



NUMBER XII. 

To their Excellencies the lords justices of England. 
The humble petition of the proprietors of the provinces of East 
and West-Jersey, in America. 
Sheweth, 

THAT your petitioners, as they were advised by their council, 
being legally entitled to the government of those provinces, by 
virtue of several grants from the late king James, when duke of 
York, the declaration of the late king Charles the second, under 
the great seal of England, and of several acts of state and orders 
of council, admitting their right, have, for many years appointed 
governors there, and particularly colonel Andrew Hamilton, who 
administered the government, to the great service of the crown, and 
universal satLsfaction of the inhabitants, until an act of parliament 
passed in the seventh and eighth years of his present majesty's reign, 
entitled ' an act for preventing frauds, and regulating abuses in the 
'plantation trade.' 

Upon which law some doubt arising, whether a native of Scotland 
(as col. Hamilton is) were capable of being a governor of the plan- 
tations; your petitioners, for avoiding any colour of offence against 
that act of parliament, appointed one Jeremiah Basse governor of 
those provinces ; but the lords of the committee of trade and plan- 
tations, making then some scruple concerning your petitioner's right 
of government; mr. Basse had not such a formal approbation of 
his majesty, as ihai act directs; and though your petitioners were at 
the same time houuured with instructions from the then lords justices, 
and lords comajissioners of the treasury, for their governors conduct, 
which were produced, and published by mr. Basse, as a testimony 
of his being nominated governor with the knowledge and implicit 
consent of his majesty and his ministers of state ; yet for want of an 
■express approbation in writing, the inhabitants refused to obey him; 
and he returned to England : Whereupon your petitioners, who 
had been informed of the opinions of his majesty's lale attorney and 
present solicitor general, that a native of Scotland was not disabled 
to execute any office in the plantations, were induced to re-appoint 
the said col. Hamilton (then in England) governor of those provinces, 
whom your petitioners presented to the lords of the committee of 
trade and plantations, humbly remonstrating to them, the necessity 

of 



566 APPENDIX. 

of sending a governor for preservation of the publick peace, and* 
praying ttieir lordships recommendation of him for his majesty'* 
approbation ; but their lordships having resolved to controvert your 
petitioners right of government, by a trial at law, declared they 
could not consent to such an approbation, without prejudice to liis 
majesty's right; yet in regard to the necessity of the people's being, 
under some government till the right was determined, their lord- 
ships delivered their opinion, that col. Hamilton, acting according 
to the laws of England, your petitioners might be safe in commissi- 
onating him, and he in executing their commission; under the secu- 
rity of which approbation, col. Hamilton went over, and re-assumed 
the government of those provinces ; but some factious and turbulent 
persons, impatient of any government, oppose his administration^ 
because he is not approved of by an order of council, according to 
the express letter of the act of parliament, and have made so great 
divisions and confusions there, that the publick peace is daily violated, 
and the publick justice obstructed. 

That your petitioners have agreed, and are ready to surrender all 
their right of government to his majesty, upon such terms and con- 
ditions, as are requisite for preservation of their properties and 
civil interests, and which they humbly hope will be allowed to them. 

Your petitioners therefore most humbly pray, that for the preser- 
vation of the publick peace of those provinces, your excellencies 
will be graciously pleased, immediately to approve of col. Hamilton^ 
to be governor of the provinces of East and West-Jersey, until the 
terms of surrender can be adjusted ; and your petitioners shall ever 
pray. 

Jos. Brooksbank, Dan. Coxe, jun. Tho. Hart,. Joseph Ormston, 
Joseph Ormston, as having procuration, Miles Forster and Edward 
Antill, Gilbert MoUeson, Tho. Barker, Tho. Lane, Paul Domi 
nique, Tho. Skinner, John Bridges, Michael Watts, E. Kichier,. 
Clem. Plumsiead, Tho. Cooper, Walter Benthal. 



NUMBER XIII. 

Representation of the lords of trade. 

To their excellencies the lords justices. 

May it please your excellencies, 

IN obedience to your excellencies commands, signified to us by Mr. 
Yard, upon several papers laid before your excellencies, relating 
to the state of his majesty's provinces of East and West- Jersey, in 
America: We have considered all the said papers, together with 
others of the like nature, that were already in our hands ; and hav- 
ing likewise heard what the proprietors and others had to ofier ; 
we thereupon most humbly report to your excellencies. 

That those countries which are now known by the name of East 
and West New- jersey, were granted, together with several other 
territories, by king Charles the second, by letters patents, bearing 

date. 



APPENDIX. 667 

date the 12th day of March, 1664, to the then duke of York, 
his heirs and assigns ; together with full and absolute power and 
authority to him, his heirs, deputies, agents, commissioners and 
assigns, to correct, punish, pardon, govern and rule, all such per- 
sons as did then, or should at any time thereafter, reside within the 
said territories, according to such laws, orders, ordinances, direc- 
tions and instruments, as by the said duke of York, or his assigns, 
should be established ; and with several other clauses relating to the 
government and defence of the sanve. 

That the said duke of York did thereupon grant, convey and 
assign, the said provinces, (by the names of Nova-Csesaria or New- 
Jersey) to John lord Berkeley and sir George Carteret, their heirs 
and assigns, with all and every the appurtenances thereto belonging, 
in as fuU and ample manner as the same was granted to him, by 
the aforesaid letters patents of king Charles the second. 

That his said majesty king Charles the second, by other letters 
patents, dated the 29th of June, 1674, did again grant and con- 
vey to the said duke of York, all the said lands and territories, in 
the same manner as before expressed ; and that several sub-divisions 
and sales, having in the mean while been made by the said lord 
Berkeley, sir George Carteret, and others claiming under them ; he 
the said duke of York, did, by indenture, dated the 6th day of 
August, 1680, grant and confirm the province of West New-Jersey, 
with all the appurtenances thereunto belonging, to Edward Byl- 
linge, of Westminster, gent, in whom the title thereunto then was, 
and to his tieirs and assigns forever ; and did in like manner, by 
indenture, dated the 14th day of March, 1682, grant and confirm 
the province of East New-Jersey, with all the appurtenances thereto 
belonging, to James Earl of Perth, William Penn, esq ; and several 
other persons, in whom the title to the same then was ; and to their 
iheirs and assigns forever ; and by each of the said indentures, did 
likewise give, grant, and assign unto the aforesaid respective grantees 
•or assigns, all and every such and the same powers, authorities, 
jurisdictions, governments, and other matters and things whatsoever, 
twhich by the aforementioned respective letters, patent-s, or either of 
them, were granted or intended to be granted, to be exercised by him 
the said duke of York, his heirs, assigns, deputies, ofiicers or 
agents. 

That the present proprietors who derive their respective titles to 
their several shares and proportions of the soil of these provinces, by 
several mean conveyances, from and under the aforementioned 
grants to Edward Byllinge, and to the Earl of Perth, and other 
persons to whom the duke of York had immediately conveyed the 
same ; do in like manner, and by virtue of divers such mean con- 
veyances, claim the same powers and rights of government as were 
granted by king Charles the second, to the duke of York ; and by 
him to others, according to the tenor of the aforesaid indentures. 

That nevertheless, we do not find, that any suflScient form of go- 
vernment has ever been settled in those provinces, either by the duke 
of York, or by those claiming under him, as aforesaid ; but that 
dany inconveniences and disorders having arisen from their pretence 

of 



568 APPENDIX. 

of right to govern. The proprietors of East New -Jersey, did sur- 
render their said pretended right to ihe late king James, in the month 
of April 1688; which was accordingly accepted by him. 

That since his majesty's accession lo the crown, the proprietors both 
of East and West New- Jersey, have continued to challenge the same 
right as before; and did in the year 1697, apply themselves to us, in 
order to their obtaining his majesty's approbation of the person whom 
they desired to have continued governor of the said provinces, but 
at the same time refused to enter into security to his majesty, pursuant 
to the address of the right honourable the house of lords, of the 18th 
of March, 1696, that the person so presented by them the said pro- 
prietors, should duly observe and put in execution, the acts of trade ; 
yet nevertheless proceeded, from time to time, to commissionate 
whom they thought fit, to be governor of those provinces, without 
his majesty's approbation ; according to what is required by the late 
act, for preventing frauds and regulating abuses in the plantation 
trade. 

That in this manner having formerly commissionated col. Andrew 
Hamilton, afterwards mr. Jeremiah Basse ; then again superceding 
their commission to mr. Basse, and renewing or confirming that to 
col. Hamilton; and ever since that also, some of them having sent 
another commission to one capt. Andrew Bown : The inhabitants 
sensible of the defect and insufficiency of all thv^se commissions, for 
want of his majesty's authority, have upon several occasions, some 
of them opposed one of those governors, some another, according 
as interest, friendship, or faction had inclined them. 

That the inhabitants of East New-Jersey, in a petition to his maje- 
sty, the last year, complained of several grievances they lay under^ 
by the neglect or mismanagement of the proprietors of that province 
or their agents, as particularly, that from the latter end of June 1689, 
till about the latter end of August 1692 (which was a time of actual 
war) they had n<«t taken any manner of care about the government 
thereof, so that there having been neither magistrates established to- 
put the laws in execution, nor military officers to command, or give 
directions, in order to the defence of the province, they were exposed 
to any insults that might have been made upon them by an enemy ; 
unto which they also added, that during the whole time the said 
proprietors have governed, or pretended to govern that province^ 
they have never taken care to preserve, or defend the same from the 
Indians, or other enemies, by sending or providing any arms, ammu- 
nition or stores, as they ought to have done ; and the said inhabi- 
tants thereupon, humbly prayed his majesty would be pleased to- 
commissionate some fit person qualified according to law, to be 
governor over them. 

That it has been represented to us, by several letters, memorials, 
and other papers, as well from the inhabitants as proprietors of 
both those provinces, that they are at present in confusion and 
anarchy ; and that it is much to be apprehended, left by the heats 
of the parties that are amongst them, they should fall into such 
violences as may endanger the lives of many persons, and destroy 
the colony. 

Thai 



APPENDIX. sea 

That the greatest number of the proprietors of both those pro- 
vinces residing in this city, being hereby sensible of the necessity of 
his majesty's authority, for the preserving of peace and good order 
in those countries, have lately presented a petition to your excel- 
lencies ; in the preamble whereof, though they still seem to assert 
their title to the government of the said provinces; yet nevertheless 
in the end, declare they have agreed, and are ready to surrender 
the same to his majesty, upon such terms and conditions as are 
requisite for preservation of their properties and civil interests ; and 
they therefore humbly pray, that for the preservation of the publick 
peace, your excellencies would be graciously pleased, immediately to 
approve colonel Hamilton, to be governor of both the said provinces 
of East and West New-Jersey, until the terms of surrender can be 
adjusted. 

That in a late memorial* presented to your excellencies (and signed 
not only by the same person, but by others likewise, who would noS 
join in the prayer of the petition) having again prefaced their own 
pretended right to government ; they do in like manner declare 
their readiness to surrender the same, in humble hope and confidence 
(as they express themselves) that his majesty will be pleased to grant 
them all reasonable privileges, which are necessary to preserve their 
civil rights, and the interests of planters, and which are not incon- 
sistent with his majesty's service, or royal authority; after wliich 
they proceed to propose, and particularly enlarge upon, several 
articles relating to the method of settling both the said provinces, and 
uniting them under one government. 

That the proprietors of East New-Jersey, residing there, have 
signed and sent over hither, to a gentleman whom they have con- 
stituted their agent and attorney in that behalf, an absolute and 
unconditional surrender of their right to the government of that 
province, so far as the same is in them, and so far as they are ca- 
pable of doing it for others concerned with them in that propriety. 

That in relation to the aforesaid articles, we have been attended 
by several of the proprietors here; who have further personally 
declared to us, that their intention in proposing the same, is only 
to secure their rights, in such things as are matter of property ; and 
that they unanimously desire to surrender the government to the 
king, and submit the circumstances thereof to his majesty's pleasure. 
But in relation to the aforementioned petition, that colonel Hamil- 
ton may at present receive his majesty's approbation to be governor 
of those provinces, the said proprietors are so divided amongst them- 
selves, that whereas some seem to insist upon his approbation, as one 
principal condition of their surrender, others in the same manner 
insist upon his exclusion. 

Upon all which, we humbly represent unto your excellencies, 
that not being satisfied, that the aforementioned grants from the 
duke of York, (the only title upon which the said proprietors claim 
a right to government) without any direct and immediate authority 
from the crown, were or could be of any validity to convey that 
right, (which we have been informed is a power unalienable from 

the 
* See the memorial which follows. 



^70 APPENDIX. 

the person to whom it is granted, and not to be assigned by him 
unto any other; much less divided, sub-divided, and conveyed from 
one to another, as has been done in the present case) We did there- 
upon humbly represent to his majesty, the 18th of April, 1699, 
that a tryal might be had in Westminster-Hall, upon a feigned 
issue, whereby their claim to the right of government, might receive 
a determination. 

That no such determination having yet been made, nor any pro- 
ceedings (that we know of) had, upon the forementioned surrender; 
but it being generally acknowledged, both by the inhabitants and 
proprietors of the aforesaid provinces, that the disorder and confu- 
sion they are now fallen into, are so great, that the publick peace and 
administration of justice is interrupted and violated ; and that whilst 
those disorders continue, there neither is nor possibly can be, any 
due provision made, for the guard and defence of that country, 
against an enemy, we are humbly of opinion, that it is very expedient 
for the preservation of those territories to the crown of England, and 
for securing the private interest of all persons concerned, that his ma- 
jesty would be pleased to constitute a governor over those provinces, 
by his immediate commission ; which together with the instructions, 
to be also given to the said governor, may contain such powers, au- 
thorities and directions, as may be necessary for the establishing there 
a regular constitution of government, by a governor, council, and 
general assembly, with other civil and military officers; and for 
securing to the proprietors and inhabitants, all their properties and 
civil rights, in as full and ample manner, as the like are enjoyed by 
any plantation, under governors appointed by his majesty's immedi- 
ate commission ; together with such clauses and further provisions, as 
may be thought reasonable, in order to prevent the interfering of 
that colony with the interest of his majesty's other plantations; aa 
the proprietary governments in America have generally done. 

And we further humbly offer, that draughts of such a commission 
and instructions may be prepared ; and that they may be also shewn 
to the proprietaries of those provinces, in order to their acquiescence, 
and the surrender of their pretended right to government, in such 
manner and form as may be effectual in law, to the final extinguish- 
ing of their pretences ; or in case of their refusal, in order to such 
other proceedings as shall then be thought fit. 

All which nevertheless, is most humbly submitted. 

Phil. Meadows, Jo. Pollexfen, Abr. Hill, Mat Prior. 
Whitehall, October 2, 1701. 



NUMBER XIV. 

The humble memorial of the proprietors of the provinces 
of East and West- Jersey, in America. 

THOUGH the proprietors are advised by their council, that 
their right to ports within those respective provinces, was fully 
asserted, and their past administration of the government of those 

provinces 



APPENDIX. 671 

provinces, as fully justified at the late trial had in the court of king's 
bench, between mr. Basse and the earl of Bellemont ; they are not- 
withstanding, ready and desirous, in obedience to his majesty's plea- 
sure, to surrender all right of government there ; in humble hope 
and confidence, that as his royal wisdom prompts him to resume the 
American proprietary governments into his own more immediate 
administration ; so his justice and goodness will incline him to grant 
the proprietors all reasonable privileges, which are necessary to pre- 
serve their civil rights, and the interest of the planters, and which 
are not inconsistent with his majesty's service, or royal authority. 
To which they humbly propose and pray, 

First. That his majesty will grant and confirm to them their lands 
and quit-rents, with such other liberties, franchises and privileges, 
as were granted to them by the late king James, when duke of York, 
or have been granted by his majesty to other proprietors of provinces 
in America, except the powers of government. 

Second. That his majesty will grant to them, the sole power of 
purchasing from the Indians, all lands lying within these provinces, 
which remain unpurchased from them ; and that all other persons 
who have purchased, or shall purchase lands, either with or without 
licence first had from the proprietors, and who have not already 
taken patents, shall be obliged to take patents of such lands from 
the proprietors, under a moderate quit-rent; and in default tiiereof, 
their title from the Indians to be declared null and void. This the 
proprietors humbly conceive will be necessary, as well to vindicate 
his majesty's royal right, as their own property under him ; because 
the planters have lately taken up and promoted an opinion, that the 
king's right to all American countries discovered by English subjects, 
is only notional and arbitrary; and that the Indian natives are the 
absolute independant owners, and have the sole disposal thereof; 
And some of the planters who have made such purchases of land 
from the Indians, refuse to take patents from the proprietors, grantees 
of the crown ; and others, who have taken patents, refuse to pay 
the quit-rents reserved. 

Third. That the inhabitants of both provinces may have the same 
liberty of trading with the Indians, as the inhabitants of New-York, 
or of any other plantation in America, under liis majesty's imme- 
diate government, do or shall enjoy. 

Fourth. That the port of Perth-Amboy, in East-Jersey, and the 
ports of Burlington and Cohansie, in West-Jersey, may be estab- 
lished ports of those respective provinces forever; and that no ship 
bound to any of those places, shall be obliged to enter at any other 
port ; nor any ships to be laden there, shall be obliged to clear at 
any other port; and that officers may be appointed at such port, for 
collecting the customs, and seeing the acts of navigation duly exe- 
cuted. 

Fifth. That the proprietors may appoint surveyors general, and 
other ofl5cers, for surveying, and recording of the surveys of land 
granted by and held of them. 

Sixth. That the proprietors of East-Jersey may hold three mar- 
kets in every week forever, on Tuesday, Thursday and Saturday, 

for 



672 APPENDIX. 

for all manner of cattle, goods and merchandizes, at Perth-Amboy ; 
and four fairs in every year there, to begin the Monday in the months 
of and each fair to continue six days ; and that the proprietors 

of West-Jersey may hold the like number of markets in every week 
forever, on Monday, Wednesday and Friday, at Burlington, in 
West-Jersey ; and four fairs in every year there, to begin the 
Monday in the months of and each fair to continue six days. 

Seventh. ThatEastand West Jersey may beerected into one distinct 
government, and have one general assembly, for making laws for the 
good of both provinces, to sit alternatively, at Perth-Amboy in 
East-Jersey, and Burlington in West- Jersey ; and that such general 
assembly may be elected every year in the month of and 

may meet on the first Monday in October, and oftener if need be. 

Eighth. That the general assembly may consist of thirty-six 
representatives, to be chosen in manner following, viz. two by the 
inhabitants, housholders of the city or town of Perth-Amboy, in 
East-Jersey ; two by the inhabitants, housholders of the city or town 
of Burlington, in West- Jersey ; sixteen by the freeholders of East 
Jersey, and sixteen by the freeholders of West-Jersey ; but that no 
person shall be capable of being elected a representative by the said 
freeholders, or afterward of silting in general assembly, who shall 
not have one thousand acres of land, of an estate of freehold in his 
own right, within the province for which he shall be chosen ; and 
that no freeholder shall be capable of electing such representatives, 
who shall not have one hundred acres of land there in his own right 
of an estate of freehold ; and that this number of representatives 
shall not be enlarged or diminished, or the manner of electing them 
altered, otherwise than by act of general assembly, and the approba- 
tion of his majesty, his heirs and successors. 

Ninth. That the governor's council may consist of inhabitants of 
both provinces ; whereof an equal number to be chosen out of each 
province. 

Tenth. That all necessary officers, and courts for administration 
of justice, in cases criminal and civil, he established iq each pro- 
vince; and that one supreme court may be held for both prv^/inces, 
twice in every year, at Perth-Amboy in East-Jersey, and Burlington 
in West-Jersey, alternatively ; in which courts all writs of error from 
any other courts within these provinces, shall be brought and deter- 
mined ; and that this court may consist of the governor's council, 
and the three capital judges of each province, (except such of 
them who pronounced the first judgment, sentence or decree) 
or of any seven of them, whereof two of the council, and three 
judges, for the time being, shall be five ; and every member of 
the court, who shall be present, shall have an equal vote: saving 
that where the court shall be equally divided in their opinions, the 
eldest of the council shall have a decisive vote. 

Eleventh. That no appeal to the king may lie in personal actions, 
where the cause of action is of less value than two hundred pounds. 

Twelfth. That all protestauts may be exempt from all penal laws 
relating to religion ; and may be capable of being of the governor's 
council, and of holding any other publick office, though 'hey do 

not 



APPENDIX. 573 

not conform to the discipline of the church of England, or scruple to 
take an oath ; and that an instruction be given to the governor, for 
procuring a law to pass in the general assembly, for substituting some 
proper declaration in the place of an oath. 

Thirteenth. That his majesty will be pleased to permit the pro- 
prietors to nominate the first governor. 

Fourteenth. That all such further privileges, franchises and liber- 
ties, as upon consideration, shall be found necessary to the good 
government and prosperity of the said provinces, and increasing the 
trade thereof, may be granted to the proprietors, 

August 12, 1701. Joseph Ormstok. 

Joseph Ormston, having procuration from Miles Forster and 
Edward Antill, Gilbert Molleson, Thomas Barker, Clement 
Plumstead, Thomas Cooper, William Dockwra, Walter Benthal, 
Edward Ritchier, Joseph Brooksbank, Daniel Coxe, jun. Thomas 
Lane, Paul Dominique, John Bridges, Michael Watte, Thomas 
Skinner, Thomas Hart. 



FINIS. 



ERRATA. 

Page 35, line 14, some copies, for was read were 

40, /. 13, ditto r. masters right 

65, /. 35, '". in the month called 

87, /. 27, for disposed upon r. be disposed of 

93, I. 28, dele had 

100, I. 6, r. 1678 

116, I. 29,/orHoarkiIl was legally?-, pas.sengers to it 

were properly 
118, Z. 1, /or would r. could 

136, i. 16, /or have r. had 

145, Z. 8, /or 1754, r. 1755 

166, 1. 21, dele twelve 

196, in the note, r. see the act reciting 

411, and 41?, iV the margin, for 1710, r. 1719 
437, I. 12, for Haover r. Hanover 

488, I. 9, for rank r. age 

439, last line, for 427, <tc. r. 428, <fec. 

488, I. 4, deZe some copies, in many 

490, /. 13, for and r. particularly 

500, /. 34, dele both 

512,/. 6, /or Imprimus some copies, r. Imprimia 



APPENDIX II. 



JOHN TATHAM, NEW JERSEY'S MISSING- GOVERNOR. 



By John D. McCdrmick.* 



In 1684, Dr. Daniel Cox, of London, acquired an extensive interest in West 
Jersey, and in 1686 one in East Jersey. A late biographer, Mr. G. D. Scull, of 
England, says : "After the death of Governor Byllinge, in January, 1687, he pur- 
chased of his family their landed property in West Jersey, together with the 
right of government in the Province, under the grant of the Duke of York to- 
Byllinge. Dr. Cox, in consequence, became Governor of West Jersey. Shortly 
after, on September 5, 1687, he addressed a letter to the Colony, detailing the 
circumstances connected with the transaction, and explaining his views as to the 
future." 

From a paper quoted by Mr. Scull, the original being in the Bodleian Library, 
dated about 1688, it appears that "The above menconed Daniell Coxe, being 
resolved to sell his interest in Land and Government of the CoUonies of East and 
West Jersey, the land Amounting, by a moderate calculacion unto one million of 
acres, whereof about 400,000 are surveyed and the Indian purchase paid." 

"Besides the purchase of ye land many thousand pounds have been Expended 
upon the establishing of a whale fishing, which will bring for ye future very great 
profit." There were also large forests of timber suitable for masts for vessels. 
1 mmense vineyards for the curing of raisins and the manufacture of wines. Also, 
lands underlying which were rich deposits of iron, brass, copper and lead. Be- 
sides these there were oyster beds, fisheries and other industries in profitable 
operation. 

"Dr. Cox never visited America. This fact is expressly stated by Oldmixon," 
says Scull. He made John Tatham his agent in the Jerseys, the latter being a 
resident of Bucks county. Pa., in 1681, where he owned extensive tracts of land. 

In the fall of 1687, the Assembly of West Jersey acknowledged Dr. Cox as 
Governor. He appointed Edward Hunloke his deputy, but soon after he com- 

♦See "A. O H. Keaearohea," April, 1888. 

575 



576 APPENDIX II. 

missioned his agent, John Tatham, to be his deputy Governor, and govern in his 
name, "who, being a Jacobite, and as such by principle disqualified him, the 
Assembly rejected." (Smith's History, pp. 191-92.) It was while working on a 
reprint of Smith's History that this quotation first met my eye, and directed my 
.attention to him. The cause assigned for his rejection, that he was a Jacobite, 
leaves no doubt as to his religious belief. James II., of the house of Stuart, was 
then upon the throne of England. His followers were known as Jacobites. To 
be a Jacobite and a Catholic were synonymous terms in those days. 

The days of the house of Stuart upon the throne of England were drawing to 
a close, and party feeling ran high. A study of th^ aflairs of West Jersey at that 
period warrants the belief that the reason given for John Tatham's rejection was 
only a pretext. Thomas Olive, who had been twice Governor of West Jersey, led 
a vigorous opposition to the claims of Edward Byllinge, on account of a question 
as to the validity of his title, and also because of his financial embarrassments. 
Dr. Cox had inherited the rights of Byllinge, and it is not unlikely that a desire 
to annoy Governor Cox was the chief motive of the rejection of John Tatham. 
No other objection could be raised against him but his political afiiliations, which 
also indicated his religion. 

Notwithstanding the action of the Assembly, John Tatham continued to act as 
the agent of Governor Cox, and to take part in public afiairs. The line of parti- 
tion of 1676, dividing New Jersey into East and West Jersey, proved a source of 
public dissatisfaction to both sections. It grew to such proportions that Governor 
Cox, of West Jersey, and Governor Barclay, of East Jersey, resolved to remedy 
the evil. For that purpose they entered into a joint agreement, dated " London, 
September 5, 1688," for the final determination of all difficulties concerning the 
line of partition. Nothing came of that contract, however, but more jealousies 
and feuds. 

On the 14th of December, 1687, the Proprietors of West Jersey met at Bur- 
lington, and eleven of their number were elected to act as commissioners for the 
ensuing year. The whole government of the Province was vested in them, and 
among the Proprietors I find the name of John Tatham. He was also elected in 
that year one of the commissioners who exercised the above powers of govern- 
ment. The question of settling the long-disputed division line was entrusted to 
this commission, acting jointly with a similar commission from East Jersey. 
Deep-seated as was the trouble, I find no further reference to it after that. The 
first survey that I can find for him in West Jersey was made in March, 1689. 
(Hill's History of the Church in Burlington, p. 11.) 

On November 21st, 1681, the first Assembly of West Jersey under the Pro- 
prietors met at Burlington, and "agreed upon certain fundamentals of govern- 
ment," in the tenth section of which it appears "That liberty of conscience, in 
matters of faith and worship, shall be granted to all people within the Province 
aforesaid, who shall live peaceably and quietly therein ; and that none of the free 
people of the said Province shall be rendered incapable of office in respect to 
their faith and worship." (Smith's History, p. 128.) 



APPENDIX II. 577 

John Tatham, as one of those who were invested with the powers of govern- 
ment above, is inseparably connected with the establishment of that religious 
liberty that was introduced six years before. 

AMERICA'S FIRST POTTER. 

Governor Cox, in the inventory of his property ofifered for sale in the Jerseys in 
1688, found in the Kawlinson manuscripts, Bodleian Library, says: "I have erected 
a pottery at Burlington, for white and Chiney ware, a great quantity of ye value 
£1,200 have been already made and vended in ye country, neighbor Colonies and 
ye Islands of Barbadoes and Jamaica, where they are in great request. 1 have 
two houses and kilns, with all necessary implements, divers workmen and other 
serv'ts. Have expended thereon about £2,000." The "white" ware corre- 
sponded with the "white stoneware" produced by William Miles, of Hanley, 
Staffordshire, England, and the "Chiney" ware was similar to the "crouch ware" 
made at Burslem. It had all the elements of porcelain, and had John Tatham 
given his kilns a harder fire his ware would have been semi-transparent. 

The pottery was built at the suggestion of John Tatham, who had some knowl- 
edge of the advantages resulting from the combination of clays, and he thus estab- 
lished the first pottery built on this side of the Atlantic. Two thousand pounds 
in 1688 possessed the purchasing power of $50,000 in 1890. The pottery was 
located near Mahlon Stacey's mill, on the Assanpink, in Trenton. The pottery 
industry in Trenton represents a capital invested of $2,500,000 in 1890, and is 
the most extensive industry in the city. 

Affairs in East Jersey will now claim attention, in order to follow up the move- 
ments of John Tatham. Governor Kobert Barclay died in October, 1690, and 
East Jersey was without a Governor. From some cause, the government of the 
twenty-four Proprietors became very unpopular, and they were naturally quite 
anxious to secure a successor to Governor Barclay who would be likely to bring 
about the desired popularity, and to overcome the prejudices of their opponents. 
On glancing over the statesmen and public men of East and West Jersey, they 
found none who possessed all the requirements except John Tatham. I will let a 
distinguished author, W. A. Whitehead, speak on the subject: 

"So averse were the opponents of the Proprietors to the re-establishment of 
their authority, that f6r a time the public sentiment was in favor of a continuance 
of this state of comparatively imperfect organization as a government. For on 
the arrival of Hamilton in England, and the death of Governor Barclay, which 
occurred October 3d, 1690, the Proprietors appointed John Tatham to be their 
Governor, and subsequently, in 1691, Colonel Joseph Dudley, but both nominees 
the people 'scrupled to obey,' on what ground is not stated." (Collections N. J. 
Historical Society, Vol. I., 2d Kev. Ed., p. 185.) 

Eecent investigations enable us to understand the cause of the unpopularity 
of the government of the Proprietors. It was a grievance of long standing, and 
iad its origin in this way : Some of the settlers in the Jerseys got title for their 



578 APPENDIX II. 

purchases of land under the Monmouth patent ; others bought directly from the- 
Indians, and still others under the grant of the Duke of York to Berkeley and 
Carteret. These two charters overlapped. The latter refused to recognize the- 
validity of any title not granted by themselves, they claiming fuller authority, 
and demanded rents from all the landholders alike. A storm of opposition was 
raised, which broke out into open insurrection during the administration of 
Governor Phillip Carteret, and he was obliged to leave the Colony and take 
refuge in England. Concessions were made to the settlers ; the matters in dis- 
pute were referred to the chancery courts, but a radical cure was not effected, 
and from time to time the trouble would break out anew. It was during one of 
these outbursts of popular disfavor that John Tatham was elected governor, and 
that was why the settlers " scrupled to obey." 

From the foregoing, it is clear that John Tatham was elected to the liighest 
position in the gift of the Proprietors, that of Governor of East and West Jersey, 
for they seem to have been under one Governor then, each Province having a 
separate Council. That he entered upon the duties of his office, and exercised the 
functions thereof, is equally plain, for he served one year in office, as is evident 
from the appointment of Colonel Dudley to be his successor, in 1691. All the 
authorities I have examined upon the subject lament that the records that have- 
come down to us are very meagre, and throw but little light upon that interesting 
period of our Colonial history. (See East Jersey under the Proprietary Govern- 
ors, by Whiteheaa.) 

It is probable that Governor Tatham, understanding well the nature of the 
situation, has avoided those public acts that would cause irritation among the 
people, and allowed affairs to pursue the even tenor of their way, he contenting 
himself with simply holding the executive power in abeyance, to be used only in 
case there should be urgent necessity for its exercise. Those who govern best, 
govern least. 

The "scruples to obey" on the part of the people did not mean that they 
refused to obey Governor Tatham, and defied his authority. It only meant that 
the government of the Proprietors was unpopular, and was only obeyed with 
reluctance. Hence the wisdom of the governor in pursuing the conservative 
course that he did. 

A JUDGE OF THE COURT. 

The Hon. B. F. Lee, Clerk of the New Jersey Supreme Court, called my atten- 
tion recently to an old minute-book of the court in his office. I am of the opinion 
that Mr. Lee has made an important discovery, and that the matter contained in 
the record is of great historical value, and that it illuminates a peiiod of New 
Jersey history that has been shrouded in comparative darkness. The investiga- 
tions of Bancroft and the late W. A. Whitehead failed to fathom that obscure- 
period, and they were left to conjecture about it. Yet this record shows that the 
courts were held regularly at Burlington ; we have the names of the judges who 
sat on the bench; we know who composed the grand jury, and we have a synopsis; 



APPENDIX II. 579 

of the cases that came before the court, thus enabling the student of history to 
form a pretty correct idea of the state of society at that time. 

The record is known as "The Court Booke. Containing the Orders and Pro- 
ceedings of the Court at Burlington, and Liberties, Jurisdictions and Precincts 
Thereof. 1681." On page 79 we learn that the "Quarterly Sessions held at Bur- 
lington ye first Tuesday in February, the fifth of ye same month, 1688. Present 
there John Skene, Edward Hunloke, Wm. Biddle, James Marshal, Daniel Wills 
and Wm. Myers, justices present. John Tatham, Esqr., was foreman of the grand 
jury, which included the following: Tho: Hutchinson, Tho: Folke, Joshua 
Ely, Peter Bossa, William Budd, Brigall Sowle, William Hunt, John Lambert, 
John Bainbridge, Isaac Marriott, Edw: Eockhill, Robert Wilson and Tho: Scatter- 
good." One of the cases that came before the court was that of a woman named 
Pearson, charged as a vagabond in the indictment. She was convicted and pun- 
ished. Another case was that of Christof Snowden, indicted for misdemeanors, 
in selling liquor to the Indians. He was convicted. " The court therefore order 
and hereby prohibit said Christof Snowden from selling any strong liquors until 
next Quarter Sessions " (p. 79). He had his license revoked. 

On June 5th, 1690, he appeared in behalf of Dr. Daniell Cox, plaintiff, vs. John 
Dubois, defendant. "At the Court of Sessions, February 20, 1692-3, Edward 
Hunloke, Dep. Gov. John Tatham, William Biddle. Daniel Wills, Fran. Daven- 
port, Mahlon Stacey, Thomas Lambert, Thomas Gardner, William Eighton, 
Daniel Leeds, Esqrs., justices upon ye bench" (p. 115). This was the first time 
that John Tatham performed the duties of a judge on the bench. He appears on 
the bench at the Sessions of May 8th, 1693, October 18th, 1693, October 20th, 
1693, May 8th, 1694. He was on the bencli at the Quarter Sessions and Com- 
mon Pleas, November 8th, 1694, January 19th, 1694, November 4th, 1695> 
February 20th, 1695-6, May 8th, 1696, August 8th, 1698, November 3d, 1698, 
On that date " The Grand Jury returns into court and presents * * Christo- 
pher Wetherill for scandalizing John Tatham, by calling him a Papist" (p. 158). 
A session of the court was held soon after in which it appears that " whereas, the 
grand jury presented Christopher Wetherill for scandalizing John Tatham ; and 
whereas, the said Christopher Wetherill appeared in court and submitted, and was 
discharged." John Tatham was not on the bench at that session, but he appeared 
before the court as counsel for Daniell England (p. 160). The action of the court 
at this session is worthy of note. It establishes the fact that Judge Tatham was a 
Catholic ; and it also shows that religious liberty was something real and practicai 
in West Jersey at that time, with William HI. on the English throne. 

A MEMBER OP THE GOVERNOB'S COUNCIL. 

In 1692 Andrew Hamilton returned to America, and became Governor of the 
Jerseys. After a time he solicited John Tatham to become a member of the 
Governor's Council, and he accepted. We have seen that he was a "Jacobite;" that 
is, an adherent of James II., and that he stood by him while there was any hope. 



580 APPENDIX II. 

But all hope having been extinguished at the battle of La Hague, in 1692, John 
Tatham accepted the inevitable, and took the oath of civil allegiance to William 
III. 

He took part in the organization of Burlington township, and was present at 
its first meeting. It appears from the original records that on April 5th, 1694, 
'' the Freeholders and Inhabitants of Said Town being Convened and * * Did 
Choose & Elect John Tatham Recorder." Shortly afterwards some disorders 
•occurred in a liquor saloon on Sunday, that greatly disturbed the peace and quiet 
of Burlington, and the moral and law-abiding citizens thereof brought it to the 
notice of the town meeting. At its session of April 22d, 1695, the matter was 
considered, and disposed of by its reference to a committee of which John Tatham 
was chairman. His colleagues considered him a proper man to promote morality 
in the community, and to keep the liquor traffic within lawful bounds. (History 
•of Burlington and Mercer Counties, by Woodward & Hageman.) 

On May 20th, 1697, an "agreement was signed by Governor Hamilton and his 
Council and the members of the House of Representatives of West Jersey," in 
which they say that " whereas, there has been a horrid and detestable conspiracy, 
formed and carried on by Papists and other wicked and traitorous persons, for 
assassinating his Majesty's Royal person, in order to encourage an invasion from 
France on England, to subvert our religion, laws and liberty, &c." And "we do 
hereby further freely and unanimously oblige us to unite, associate and stand by 
each other in supporting and defending the succession to the crown." Soon after, 
another address, somewhat similar in wording, was signed, congratulating the 
Jving on his happy escape, &c. (N. J. Archives, Vol. II., pp. 145, 146.) John 
Tatham, in common with the other members of the Governor's Council, and the 
public men of West Jersey, signed those documents. They contain nothing but 
^n expression of loyalty to the King in the civil order, and of abhorrence of the 
-crime of assassination. 

t"he plot that gave rise to the expressions of loyalty above proved to be a 
genuine plot. Let the reader note well who it was that frustrated it. The would- 
be assassins had landed in England, and had laid their plans so well that the life 
of King William was in imminent danger. Every detail had been agreed upon. 
The plot was revealed and frustrated by "a Roman Catholic gentleman of known 
courage and honor named Pendergrass." * * "My Lord," said he to Portland, 
"as you value King William's life, do not let him hunt to-morrow. He is the 
enemy of my religion, yet my religion constrains me to give him this caution. 
But the names of the conspira*or3 I am resolved to conceal. Some of them are 
my friends; one of them is especially my benefactor, and I will not betray them." 
(See Macauley's History of England, p. 598.) 

Pendergrass had been led to believe that the plan was to simply make a prisoner 
of William. At the trial of the conspirators, nothing was found upon them or 
elicited in evidence that would criminate James II. or anybody of note in church or 
state. The spectacle of a Catholic like Pendergrass coming forward voluntarily to 



APPENDIX II. 581 

save the life of the King, and of John Tatham remaining true to his obliga^tions 
to the King, were acts well calculated to disarm their enemies of their hostility. 

I now approach the end of John Tatham's public life. "Att a Council held att 
Perth Amboy 30th of May Anno Domi 1698, were present Governor Basse and 
full Council. 

"The Governor administered an oath of Secrecie to John Tatham, Esqr., hee 
not being of the Councill of this Province, but of West Jersey, who was Accord- 
ingly Admitted to this board to Assist theiu with his Advice." (Minutes of the 
Governor and Council, p. 198.) 

"After the reading of the late proclamation, signed by Bellamount, Governor 
of New York, the 24th of May, 1698, the board were of opinion that Air. James 
Dundas should be sent for, to acquaint them of what he knew of any order lately 
come from England to Bellamount concerning our port, who accordingly came. 

"And it was agreed by this board that there should bee a Proclamation issued 
out, asserting the authority of our Port." (Ibid., p. 199.) 

The cause of so much anxiety arose from the fact that New York became 
jealous of Perth Amboy as a port of entry, and endeavored to have it closed. 
Governor Basse had but just succeeded Governor Hamilton, when this grave pub- 
lic question was forced upon him. He summoned the ablest men of New Jersey 
to his side, and seems to have placed a high estimate upon the advice of John 
Tatham, who was the only representative from West Jersey, where he was a mem- 
ber of Governor Basse's Council, as appears from the minutes of the Council. 
His last public service of which we have any record was performed in defence of 
New Jersey's rights, and to uphold her honor. 

HE NEVER TOOK THE OATH OF SUPREMACY. 

There is one thing about which I am certain, and that is, that John Tatham 
never took the oath of supremacy to William III. We have no record to let us 
know what oath he took when he entered upon the duties of Governor of the 
Jerseys, but we can show by later occurrences that he only took the oath of civil 
-allegiance. We have a positive record in the "Minutes of the Governor and 
Council" of the oaths taken by Governors Barclay, Hamilton and Basse when 
they assumed office. They all first subscribed to the oath of civil allegiance, and 
then to the oath of supremacy. Portions of their Councils did the same. The 
name of Governor Hamilton, and also several members of his Council, appear on 
the record before me, but the name of John Tatham is not there. It is true his 
name is not in the Council first chosen by Governor Hamilton, because he was 
selected later on, and it may be objected that because he was not among the first 
batch he might have been overlooked. 

But this objection entirely disappears when we approach the administration of 
•Governor Basse. John Tatham was among the few who turned out to publicly 
receive Governor Basse on his arrival in Burlington, as is recorded in the N. J. 
Archives. He was among the first Council of Governor Basse beyond doubt, as is 



582 APPENDIX II. 

evident from the "Minutes of the Council" (p. 198), quoted elsewhere. The 
name of Governor Basse, and a few of his Council, are recorded as having taken 
the oath of supremacy. 

But John Tatham is not in the list. If he had taken the oath of suprerr.d,cy 
when he became Governor, he would also have taken it when called to Go- emor 
Hamilton's Council, and be so recorded. He would certainly be among tht sub- 
scribers to the oath of supremacy in Governor Basse's Council, if he took it. tils 
name does not appear as having taken any of the oaths. But neither do the 
names of other members of Governor's Councils who did not take the oath of 
supremacy. We have the case of Richard Hartshorne, a Quaker, I think, who 
objected to the oath of supremacy when selected upon Governor Basse's Council. 
He did not take it, yet he appears upon the list of the Governor's Council iu East 
Jersey at subsequent meetings. 

HIS DEATH. 

On July 15th, 1700, John Tatham made his last will and testament. In the 
opening clause he said: "I do give my soul to God, hoping for remission of my 
sins, through and on account of the pure merits and suffering of my glorious 
Lord and blessed Redeemer, and my body to the earth." Judging from the signa- 
ture to the original document, I believe that he also wrote the body of the will 
with his own hand. It would seem from this that the strong religious sentiments 
he expressed were the outpourings of a Christian heart, and not the mere form 
common to such documents. His death soon followed, for the will was admitted 
to probate July 26th, 1700. The inventory of his personal effects was made Sep- 
tember 27th, 1700. Among them was a silver-hilted rapier and belt. He has no 
doubt been a military man. It is something unusual to find swords mounted with 
the precious metals in actual service, and it is probable that he received it in 
recognition of deeds of bravery performed upon some bloody £eld. 

JOHN TATHAM'S library. 

His library was valued in bulk at £50. The total value of his goods and 
chattels was estimated at £3,765 18 3, an immense sum in those days. He made 
his wife, Elizabeth Tatham, his sole executor. No conditions were imposed ; no 
restrictions were placed upon her. This fact gives us a glimpse at his domestic 
life, and shows it to have been harmonious. She did not long survive him. Her 
will bears date October 15th, 1700. It was admitted to probate May 21st, 1701. 
The inventory of her own and her late husband's effects throw much light upon 
his character. Under the head of "Church Plate" are the following: "1 handle 
cup, 1 small plate, 1 box, £10 12; 1 small case, £12 6; 1 silver universal dial, 
12s.; 1 silver grater, 6d.; 1 round armed silver Crucifix, 1 plate of St. Dominique, 
1 small silver box with reliques, 1 wooden cross with image of Christ, £1 12." 

The title of every book in his library is given separately. I will quote a few 
of them from the original paper: " Pontifical Rome," Sir Thomas Moore's Works, 



APPENDIX II. 583 

" Liturgy of ye Mass," " Faith Vindicated," " Theologia Naturali," " No Cross, 
No Crown," " Consideration of ye Council of Trent," " Necessity of the Churcli of 
God," " Bibli Vulgati," "A Survey of ye New Religion," " Cidroni's Philosophia," 
"The Following of Christ," "Theologia Moralis," "Office of ye Blessed Virgin 
Mary," in French, "A Mass of Pious Thoughts," "Ambrosia Officia," Thomas 
Moore's " Utopia," "History of Sir Thomas Moore," " Defence of Catholic Faith." 

There were 478 books, by actual count, in his library, mostly with Latin titles, 
some of the works comprising several volumes, making a total of about 500 
volumes. They treat of church discipline, commentaries on the Scriptures, law, 
logic, theology, controversy, history, medicine, metaphysics, music, astronomy, 
surveying, biography, and kindred subjects. These show the owner to have been 
a man of education and culture, and strong religious tendencies. (See Burling- 
ton Wills, 1693-1703.) 

In order to give the reader some idea of how rare it was to find a library of 
500 volumes in the Jerseys at that time, I will quote from an address of Hon. 
Charles D. Deshier, at the celebration of the Bi-Centennial of the first Legisla- 
ture of New Jersey, delivered at Trenton, March 1st, 1883. He says: "If their 
meaixs of inter-communication were few and rude, their means for moral and in- 
tellectual culture were fewer still. There were few churches and no school-liouses. 
There was no post-office and no newspaper. * * The publication of books and 
pamphlets in this country was not merely discouraged, but was prohibited, and 
even in England the publications were few and far between." 

What an intellectual centre John Tatham's house has been ! I feel safe in say- 
ing that he has had more books in his library than there were in ihe combined 
libraries of all the rest of the people of West Jersey put together. I have ex- 
amined the "inventories" of many of the Proprietors and settlers of West Jersey, 
and have good ground upon which to base such an opinion. He probably had 
the largest library in either East or West Jersey. 

JOHN tatham's house. 

Gabriel Thomas, in his " History of Burlington," published in 1698, says, after 
speaking of other things: "Besides the great and stately Palace of John Tatham, 
Esq., which is pleasantly situated on the North side of the Town, having a very 
fine and delightful Garden and Orchard adjoining it, wherein is variety of Fruits, 
Herbs, and Flowers, as Hoses, Tulips, July Flowers, Sun Flowers, Carnations, and 
many more." It will be interesting to trace the history of the beautiful property 
briefly described above. On October 17th, 1712, the "Society for the Promotion 
of the Gospel in Foreign Parts," an Episcopal organization whose headquarters 
were in London, purchased the "Great and Stately Palace" of John Tatham, for 
£600. The report of the Society for that year says that tlie property was to be 
known henceforth as "Burlington House." It was fitted up as a residence for the 
Kev. John Talbot, first rector of St. Mary's Episcopal Church, Burlington. He 
was afterward consecrated Bishop. "Burlington House" subsequently took fire 



684 APPENDIX II. 

and was partially destroyed. It was refitted up as a residence for the Governor 
of New Jersey, but was allowed ultimately to fall into ruin and abandonment. 
(See Hill's History of the Church in Burlington, p. 15.) On July 23d, 1881, 
while some workmen were engaged in making an excavation in Tatham street, 
Burlington, to lay a water main, the foundation walls of the " Great and Stately 
Palace" were discovered. 

OVERLOOKED AS GOVERNOR. 

I have examined many books of reference that give lists of New Jersey's Gov- 
ernors, and find no mention of him. There is a blank between the administrations 
of Barclay and Hamilton. I have searched for several years for some sketch of 
him that would guide rne, but only found one of half a dozen sentences. He 
seems to have been entirely overlooked. His name is never mentioned. He is 
known to but a few investigators. This should not be so. 

Of his enterprise, his executive ability, his versatile talents and his integrity, 
we have ample proof in the fact that he was the agent and enjoyed the confidence 
of Governor Cox to the last. From his reports to Governor Cox we learn that 
he had a correct knowledge of the mineral resources of New Jersey, as will be 
apparent to anybody who examines our geological reports. He introduced and 
established many industries, including the potter's art. His public services were 
of the first order, both in Colonial and local aflfairs. A high public official under 
Cox, he succeeded Governor Barclay and governed both Provinces for a year 
during a turbulent period, owing to the rebellion of Jacob Leslier in New York. 
A judge of the court for many years, he administered Jersey justice with impar- 
tiality. He acted upon the Councils of Governors Hamilton and Basse, and 
seems to have risen above those factious disputes that at times almost paralyzed 
public affairs. Like Samuel Jennings, Thomas Olive and Thomas Revell, he 
enjoyed the confidence of the people when others were retired to private life. 
Closely identified with the establishment of religious liberty, his work forms the 
basis of our constitution and laws. Intellectually he was the peer of any of his 
cotemporaries. He propagated morality, temperance and respect for the Sabbath. 

From the days of Cartaret down to those of Leon Abbett, our present honored 
Executive, there is probably no State in the Union that possesses such a long and 
unbroken line of wise statesmen and patriots as New Jersey's Governors. John 
Tatham is well worthy to be placed where he belongs in that honored roll. The- 
liistorians and the press of New Jersey vdll see that it is done. His name has 
been brought forth from the obscurity in which it has remained for nearly two- 
hundred years, and will never again be forgotten. 

Trenton, July, 1890. 



INDEX. 



A. 



Abbott, Mordecai, 207. 

Adams, John, 79. 

AdderJy, Henry, 218. 

Akerman, David, 404, note. 

Alamitung, 473. 

Albany, 46, 400. 

Alberson, John, 207, 

Alberson, William, 201. 

Aldricks, Peter, 52, 75, 125. 

Alexander, James, 412, 436. 

Alexander, William, 492. 

Allen, Jedediah, 276, note. 

Allen, Joseph, 207. 

Allen, Fort, 447. 

Allen-Town, 491. 

Ambo, or Amboy, 489. 

Amboy, Perth, 483. 

America, First discoverers of, 1. 
Voyages of Columbus and Ves- 
pucci, 1 to 6, and notes. Voy- 
ages and discoveries of the 
Cabots, 6 to 8, and notes* Claim 
of English to dominion over 
North America, 7, and notes. 
Aboriginal inhabitants, 8 to 16. 
Queen Elizabeth's patent to 
Walter Raleigh, in 1584, 16. 
King James' patent, in 1606, 
to London and Plymouth Com- 
panies, 17. Forfeiture of Lon- 
don Company's grant,which in- 
cluded New Jersey, 18. Found- 
ing of Plymouth, 18. The 
Dutch and Swedish claim of 
dominion over New York and 
New Jersey, 19 to 21. Holland's 
patent to Dutch E. I. Company 
of New Netherlands, and their 
settlement of New York, 19. 
Useling's Swedish Company 
for settling in America, 21. 
Landing of Swedes at Cape 
Inlopen, 22. 

585 



Americus Vesputius, 1, note. 

Amerigo Vespucci, one of the dis- 
coverers of America, 1, note. 

Amsterdam, Classis of, 493 

Ancosta, 12. 

Andalusia, 5. 

Andastaka, 136. 

Anderson, John, 402, note. Gov- 
ernor, 418. 

Anderson, William, 285. 

Andrews, Edmund, Governor of 
New York, 77. Occupies New 
Castle, 77. His deposition, 77, 
note. His proclamation con- 
firming land titles, 78. His 
authority to Quaker commis- 
sioners to treat with Indians 
for their lands, 193. His dis- 
pute with them and arrest of 
Governor Carteret, 68, note, 93, 
94. 

Animals, wild and tame, of New 
Jersey, in 1765, 502 to 510. 

Ann, Fort, 317. 

Annapolis Eoyal, Capitulation of, 
367. 

Anontaghata, 147, note. 

Antill, Edward, 215. 

Antrom, John, 109. 

Apewyet, or John Hudson, 449, 
450. 

Appendix, 14 Nos., 512 to 573. 
No. 1. Concessions of Lords 
Proprietors, 512 to 521. No. 2. 
Concessions of Proprietors of 
West Jersey, 521 to 539. No. 3. 
Account of East Jersey and 
Proposals to Build Amboy, 539 
to 546. No. 4. Governor Coxe's 
Narrative about Division Line, 
546 to 550. No. 5. Council of 
Proprietors to Gov. Burnet, 
537 to 554. No. 6. Eeasons for 
Modification of Division Line, 
554, 555. No. 7. Action of 



686 



INDEX. 



Council of Proprietors, 556, 
557. No. 8. Petition to the 
King about Basse and Hamil- 
ton, 558 to 560. No. 9. Me- 
morial of Proprietors asking 
Annexation of East Jersey to 
New York, 560 to 562. No"_ 10. 
Opinion of Lords Commission- 
ers of Trade about Annexation, 
562, 563. No. 11. Eeply thereto 
by Proprietors, 564, 565. No. 
12. Petition of Proprietors of 
New Jersey about Basse and 
Hamilton, 565, 566. No. 18. 
Kepresentation of Lords of 
Trade upon the Question of 
Surrender, 566 to 570. No. 14. 
Memorial of Proprietors of 
New Jersey in Favor of Sur- 
render, 570 to 573. 

Aquaywochtu, 471. 

Argole, Sir Samuel, 19. 

Aristotle, 9. 

Armstrong, John, 147, note. 

Arnold, Richard, 109. 

Arragon, 3. 

Arthur-Kill Sound, 499. 

Arwanmus, 98. 

Ashfield, Lewis, 449. 

Asia, 10. 

Askew, John, 219. 

Assembly of 1668, P. Carteret, 
Governor of New Jersey, and 
their names, 161. 

Assembly of 1681, Samuel Jen- 
nings, Governor, 126. Funda- 
mental articles of government 
adopted, 126 to 129. Passage 
of sundry laws, 129, 130. Com- 
missioners appointed for set- 
tling lands, and their names, 
130 to 135. 

Assembly of 1682, Thomas Olive, 
Speaker, their names, 151. 
New election law for choosing 
members by districts, 151, 152. 
Election by Assembly of the 
Council and other officers, and 
their names, 152, and note. 
Legislation of the session, 152 
to 154. Laws enacted at 
Elizabeth-Town, 161 to 166. 
Validity of government of 
"West Jersey affirmed, 163. As- 
sumption by Assembly of right 



to elect a governor, 164, note. 
Samuel Jennings continued in 
office, 164. 

Assembly of 1684, Thomas Olive, 
Governor and Speaker, 189. 
Conflicts concerning choice of 
Governor, ending in 1687, by 
appointment of Dr. Daniel 
Coxe, 190. His conditions of 
acceptance, 190 to 194, note. 
Passage of law against duelling 
and wearing weapons, 194, 195. 

Assembly of'1703, first general 
one of the whole Province after 
surrender, under Lord Corn- 
bury as Governor, 275. Thomas 
Gardiner, Speaker, and names 
of members, 276, and note. 

Assemblies, for proceedings of, 
from 1703 to 1709, and for L6rd 
Cornbury's administration, see 
Cornbury, 275 to 354. 

Asssembly of 1708, Tliomas Gor- 
don, Speaker, 348. Lord Corn- 
bury's speech asking for reve- 
nue for 21 years, 349. Address 
in reply, charging new griev- 
ances, 349 to 351. Displeasure 
of the Governor and dissolu- 
tion of ilie House, followed by 
his removal, 348. 

Assembly of 1709, John Kay, 
Speaker, and names of mem- 
bers, 355. and note. Pacifying 
speecli of the new Governor, 
Lord Lovelace, and Address Of 
the House, grateful for deliver- 
ance from the worst adminis- 
tration the province ever had, 
355 to 357. Copy of Ingoldsby 
Address laid before the House, 
and signers summoned to pr(5ve 
their allegations, 357. Want 
of confidence in the Council, 
voted by the House, 358. Pas- 
sage of a ne\y law prescribing 
qualifications of electors and 
representatives, 358, note. 
Death of Lord Lovelace, and 
accession of Lt.-Gov. Ingolds- 
by, who lays before the House 
the design of the crown for 
an expedition against Canada, 
359. Passage of bills for issu- 
ing Jii3000 in paper currency 



INDEX. 



687 



and to encourage volunteers, 

359, 360. Character of the pa- 
per currency as legal tender, 

360, note. 

Assembly of 1710, John Kay, 
Speaker, and names of mem- 
bers, 370, and note. Speech of 
the new Governor, Robert 
Hunter, and his advice to put 
an end to divisions, 370, 371. 
Address of the House, accept- 
ing his advice, 372, 373. Cor- 
dial agreement of House and 
Governor, but Council opposed 
to both, 373. Kejection by 
Council of land-titles bill and 
the enabling bills, in favor of 
the Quakers, 373, 374. The 
Ingoldsby Address voted by 
the House to be a " scandalous 
and false representation," 374, 
375. Further voted that no 
signer of the same was fit to 
sit in the House without purg- 
ing himself, 375. Major Sand- 
ford, as one of its signers, ex- 
pelled because he refused to 
purge himself, 375. An ad- 
dress adopted justifying the 
course of Assembly of 1709 
towards Lord Corn bury, and 
sent to the Queen, 375. Rep- 
resentation of the House, con- 
cerning the Ingoldsby Ad- 
dress to the Governor, and his 
endorsement thereof, 376 to 
399. Removal of Councillors 
obnoxious to the House, 399. 

Assembly of 1711. Governor 
Hunter's speech, announcing 
what was required for the ex- 
pedition against Canada, 399. 
Bills passed voting £5000 in 
paper currency and for encour- 
aging volunteers, 399. Total 
failure of the expedition, 400, 
401. 

Assembly of 1713. Gov. Hunter's 
congratulatory speech upon the 
changes in Council, 402, and 
note. Frequent and amicable 
conferences between the two 
Houses recommended, 402. 
Bills passed accepting an affir- 
mation instead of an oath, and 



enabling Quakers to hold any 
office of trust or profit, 403. 
Assembly of 17 1 6, a new one, with 
Daniel Coxe as Speaker, and 
their names, 404. Governor 
Hunter reiterates his purpose 
to use his power for the public 
good, 404, 405. Remonstrance 
of the House against sitting at 
Amboy, instead of Burlington, 
405. Reply of the Governor 
that a session at Burlington 
was impracticable, 406. Only 
nine members appearing at 
the adjourned session, a quo- 
rum was compelled by the 
Governor, when John Kinsey 
was elected Speaker, 496. The 
Governor's speech condemning 
the course of the late Speaker 
and his party, and calling at- 
tention to the currency, 406, 
407. The late Speaker and the 
absenting members expelled 
the House for contempt, 407, 
Address of the House con- 
demning the course of the ex- 
pelled members, and refusing 
them seats if re-elected, 408. 
Adjourned session at Cross- 
wicks fruitful in legislation, 
409. 

Assembly of 1719, adjourned Bes- 
sion, at Perth Amboy. Gov- 
ernor's speech desiring in- 
crease of salaries, and recom- 
mending passage of bills for 
running division line between 
New York and New Jersey, 
and the appointment of an 
agent of the colony in London, 
410, 411. Passage of an act to 
run the division line between 
New York and New Jersey, 
under which only the north 
partition point was fixed, 412. 
Passage of an act to run the 
division line between East and 
West Jersey, 412. 

Assembly of 1721, and their 
names, 414, note. They elect 
Dr. John Johnston, Speaker, 
and receive the speech of the 
new Governor, William Burnet, 
414. He recommends increase 



088 



INDEX. 



of salaries of subordinate 
oflBcers, 415. A bill punishing 
the opponents of the doctrine 
of the Trinity rejected, 417. 
The Governor's salary fixed at 
£500 a year for five years, 417, 
418. 

Assembly of 1727. Passage of 
an act declaring in force all ex- 
isting statutes in England con- 
cerning limitations of actions, 
real and personal, 419, 420. 

Assembly of 1728. Adoption of 
a resolution in favor of a sepa- 
rate government for New Jer- 
sey, 420. Petition of the As- 
sembly to the King in behalf 
of a separate Governor, 421 to 
423. 

Assinske, 450. 

Assunpink, 135. 

Atkins, Sir Edward, 156, note. 

Atkins, Sir Robert, 156, note. 

Atkinson, James, 201. 

Augusfin, 84. 

Aurania, 45. 

Avalon, 20, note. 

Awahela, or James Davis, 474. 

Aylmer, Admiral, 367, note. 



Bailey, John, 62. 

Baker, John, 62. 

Baker, of Barbadoes, 159. 

Baltimore, Lord, 75. 

Barbary, 27, note. 

Barbice, 435. 

Barclay, John, his letter about 
East Jersey, 182 to 189. His 
treatment by the Council, 393, 
424. 

Barclay, Robert, made Governor 
of East Jersey for life in 1683, 
166. His commission, 166, note. 
Served till 1685, 167, note.. 

Bard, Peter, 414, note. 

Barker, Thomas, 156. 

Barnegat, 187. 

Barns, 109. 

Bartholomew, 3. 

Barton, Thomas, 201. 

Barwick, Francis, 109. 

Baskinridge, 492. 

Basnett, Richard, 109. 



Bass, Jeremiah, Secretary of West 
Jersey Society, 98. His claims 
to be Governor in 1701, 210. 
Allowed to practice law, 272, 
note. 

Bate, William, 201. 

Bates, Thomas, 392, 

Battersbv, Nicholas, 207. 

Batts, John, 103. 

Batuana, Isles of, 24, note. 

Beaks, 392. 

Behring's Land, 11, 14. 

Beinfield, Captain, 160. 

Belclier, Jonathan, Governor of 
New Jersey, 1747 to 1757, 418 
Enlarged Princeton College, 
490. 

Ben Israel, Menasseh, 9. 

Benkes, Jacob, 110, note. 

Bennet, Jo., 215. 

Bergen countv. Statistics of, in 
1765, 493. 

Bergen Neck in 1682, 160. 

Bergen Point m 1682, 159. 

Bergen-Town in 1682, 160, 161. 

Berkely, Earl of, 219. 

Berkely, Lord Baron of Strat- 
ton, and one of the grantees of 
New Jersey, 60. Sale of his 
moiety to John Fen wick, in 
trust for Edward Byllinge, 89. 

Bernard, Francis, Governor of 
New Jersey from 1758 to 1760, 
418. Negotiator of the Indian 
treaty of Easton, in 1758, 446 
to 484. 

Berrie, John, 159. 

Berrien, John, 501. 

Berry, John, 68. 

Berytus, 425. 

Bethlehem, 435. 

Bibbv, Richard, 219. 

Bickiey, William, 431. 

Biddle, William, 95, note. Let- 
ter from Daniel Mills to him 
about West Jersey, 115, 116. 
Removed to West Jersey in 
1681, 115, note. 

Biles, William, 109. 

Birds, Beasts and Fishes of New 
Jersev, 502 to 511. 

Black, William, 102. 

Blackall, John, 219. 

Blackford, Peter, 292. 

Blathwaite, William, 264. 



INDEX. 



58» 



Block, Hans, 61. 

Boddington, James, 207. 

Boes, Nicholas, HO, note. 

Bolton, Duke of, 219. 

Bond, Kobert, 161. 

Bonnell, Joseph, 404, note. 

Booker John, 215. 

Borden, Joseph, 495. 

Borden, Samuel, 151. 

Borden town, 495. 

Boston, 400. 

Boude, Adlord, 96, note. 

Bound, John, 83. 1 

Bround-Brook, 492. 

Boursen, John, 109. 

Bourten, John, 152, note. 

Bouts, Kichard, 219. 

Bown, Obadiah, 276, note. 

Bowne, Andrew, 471. 

Bowne, John, 158. 

Brackett, John, 161. 

Bracton, 20, note. 

Bradford, Earl of, 219. 

Bradford, William, 398. 

Braine, James, 156. 

Bramhall, Kichard, 207. 

Bramham, v. 

Brasill, 24, note. 

Breading, John, 354, 

Bridges, John, 207. 

Bridgetown, 495. 

Bridgman, Orl., 424. 

Brightwin, William, 109. 

Bristol, 7, 449. 

Brockholst, Henry, 404, note. 

Bromfield, Thomas, 207. 

Brooks, William, 207. 

Brooksbank, Joseph, 207. 

Brotherton, Indian settlement of, 
v., 483, 484. 

BrudAiell, Ja., 424. 

Bryan, Thomas, 284, note. 

Buache, De, 13, note. 

Budd, John, 109. 

Budd, Thomas, his efforts to put 
down sale of strong drinks to 
Indians, 100 102, note. En- 
dorses Cripps' account of West 
Jersey, 108 to 135. 

Bull, Kichard, 404, note. 

Bunting, Samuel, 109. 

Burlington, City of, founded un- 
der an English charter, 98. 
Divided by the main street 
between the Yorkshire and 



London companies, 98. First 
named New Beverly, then 
Bridlington, and then Burling- 
ton, 99. Settlers from England 
in 1678, names of, 109. Seat 
of justice and capital of the 
province, 493. 

Burlington county, Statistics of, 
in 1765, 496. 

Burlington, Earl of, 219. 

Burnet, Obadiah, 207. 

Burnet, William, Grovemor of 
New Jersey, 1720 to 1727, 413, 
415, note. 

Burrow, Robert, 264, note. 

Burrow, Thomas, 346. 

Burtolf, 492. 

Bushroods, Thomas, 86, 87. 

Bustill, William, 355, note. 

Butcher, John, 109. 

Butcher, Samuel, 109. 

Butcher, Thomas, 201. 

Byerly, Thomas, 402, note. 

Byllinge, Edward, cestui que tiiist 
of Lord Berkeley's moiety of 
the province of New Jersey, 
79. Part he took in dividing 
the province, 80 to 87. 

O. 

Cabot, John, 7, note. 

Cabot, Sebastian, his commission 
from Henry VII., 7, note. Dis- 
covers North America, 7, note. 
Claim of English to the country 
thus discovered, 7, 8. Loss of 
Cabot's map by fire, 7 note. 

Cabotia, 1, note. 

California, 11 to 15. 

Calvin, Samuel, 449, 456, 458. 

Calvert, Sir George, Lord Balti- 
more, 20, 21, note. 

Campbell, Lord Neil, Governor 
of West Jersey, 167, note. 

Campyne, Andrew, 160. 

Canaan, New, 28, note. 

Canada, First English expedition 
against, in 1709, 361. Instruc- 
tions of the Queen to Governor 
Lovelace in relation thereto, 
361, note. The same to Colonel 
Vetch, full text of, 362 to 366. 
Steps taken by the Council to 
enlist the Indians, 302, note. 



690 



INDEX. 



Colonel Nicholson assigned to 
the command of the expedition, 
362, note. Promise of a fleet 
from England, not fulfilled, 
361, 366. Nicholson's trip to 
England witii four Indian Sa- 
chems, to hasten the naval pre- 
parations, 367. The Indians in 
London, and their receiUion, 
366, 367. Departure of the 
fleet of 36 sail, with 4 regi- 
ments on board, from Boston, 
in September, 1710, and its 
arrival before Port Roval in 
six days, 367. Surrender of 
the fort, after a brief attack, on 
the 5th of October, 367. Terms 
of the capitulation, 308. Re- 
turn of the fleet to Boston, 
leaving a garrison at Port 
Royal, 368. Earl of Dart- 
month's letter to Governor 
Hunter, urging the conquest 
of Canada, full text of, 368, 
369. Second English expedi- 
tion for the reduction of Can- 
ada arrives at Boston, under 
Admiral Walker, in summer 
of 1711, 400. Congress of Gov- 
ernors at New London, 400. 
Land forces to march against 
Montreal, under General Nich- 
olson, 400. The fleet of 68 
vessels, with 6463 troops, ar- 
rives in the Bay of Gasp^e, in 
August, 401. Sailed in the 
night, in a fog, and went ashore 
on the Island of Eggs, losing 8 
transports and 884 troops, 401. 
Council of war resolved not to 
proceed, and to advise General 
Nicholson's recall, 401. Sailed 
for England from Cape Bre- 
ton, on 14tli of September, and 
arrives at St. Helen's on 16th 
of October, 401. Blowing up 
of the Edgar, with the admi- 
ral's papers on board, 401. 

Canada, River of, 69. 

Canadani, 18. 

Canaries, Islands of, 3. 

Canson, Peter, 288, note. 

Cantwell, Captain, 77. 

Cape Breton, 401. 

Cape Cod, 59. 



Cape May, 485. 

Cape May county, Statistics of, 
in 1765, 498. 

Cape of Good Hope, 6. 

Cape Sable, 368. 

Capitinasses, 136. 

Caponockous, 95, 96, note. 

Caribbee Island, 1, note. 

Carlisle, Earl of, 18. 

Carre, Captain, 51, 

Carre, Sir Robert, commander of 
the English fleet to reduce the 
Dutch and Swedish colonies to 
Great Britain, 35 to 50. 

Cartelayne, Jacques, 159. 

Carteret, Captain James, 69, 70. 

Carteret, Philip, appointed Gov- 
ernor of New Jersey by Berke- 
ly and Sir George Carteret, 63, 
His powers of government, 63, 
64. Purchases lands from the 
Indians, 63. Takes up his resi- 
dence, in 1665, in Elizabeth- 
Town, which he named after 
the wife of Sir George Carteret, 
67. Publication of proprietors' 
concessions, and influx of pop- 
ulation, 67, 69. Governor Car- 
teret's commission disputed by 
Governor Andros, who carried 
him prisoner to New York, 68, 
note. 

Carteret's Point in 1682, 159. 

Carteret, Sir George, of Saltrum, 
in the county of Devon, grantee 
of New Jersey, with Lord 
Berkely, 61. Confirms and ex- 
plains concessions, with addi- 
tions, 61. 

Carthagenians, 9. 

Cartwriglit, Colonel George, 36 
43. 

Castilian, 1, note. 

Castile, 3, note. 

Cathay, or China, 7, note. 

Cayugas, 453, 456. 

Cellarius, 8, note. 

Chafiin, John, 151. 

Ciiagknots, 456, 

Champness, Edward, 79. 

Chancellor, Mr., of the Ex- 
chequer, 219. 

Chapman, Joho, 196. 

Charing Cross, London, iv. 

Charles I., King of England, hi& 



INDEX. 



691 



protest against the extension 
of Dutch power in America in 
1623, 20. Pruceedings of the 
Dutch colonists disavowed by 
Holland, and they agree to re- 
tire, 20, 21. Demand upon the 
King by Sweden to yield up 
dominion upon the Delaware, 
23. 
Charles II., his grant to the Duke 
of York of North America, in- 
cluding New York and New 
Jersey, with powers of govern- 
ment, 35. His expedition, in 
1664, to reduce the country out 
of the hands of the Dutch and 
place it in possession of the 
Duke, 35. Surrender of New 
Netherlands and New Sweden 
to the English, 35 to 52. Let- 
ters patent to the Duke of 
York, text of, 59, 60. King 
Charles' blessing of the Qua- 
ker colonists as they left the 
Thames, 93. 

Charles, or Mohamickwon, 95, 
96, 484. 

Chester, 23, 496. 

Chew, Benjamin, 455. 

Chihohockies, or Delawares, 456. 

Chinese, 12 to 14. 

Chingerorus, 172. 

Chisapeack Bay, 25, note. 

Chonad, or Chunad, 13. 

Chonadi, 13. 

Christeen, 22. 

Chygoes, Island of, 93, 95. 

Clark, Benjamin, 404, note. 

Clarke, Thomas, 43. 

C'-^-ke, William, his letters about 
vV'est Jersey, 106. 

Clayboroe, 32, note. 

Clayton, Eegiment of, 99. 

Clayton, William, 99. 

Cleason, William, 55. 

Cleft, Samuel, 109. 

Clews, William, 404, note. 

CloBSweeksung, 408, note. 

Clinton, Governor of New York, 
476. 

Coallins, 449. 

Coaquanock, Indian name of 
place where Philadelphia 
stands, 108, note. 

Cock, Lacy, 94. 



Cock, Peter, 51. 

Cockerill, 396. 

Cocks, Isaac, 207. 

Uodrington, Thomas, 158. 

Cohansick Creek, or Hopewell, 
98, 498, and note. 

Golden, C, 58, note. 

Cole, Nicholas, 440. 

Cole, Samuel, 114, note. 

Coleman, Henry, 53. 

Colier, Joseph, 207. 

Collins, Francis, 109. 

Colon, Christophoro, 1. 

Colonists of West Jersey by the 
ship Griffith, names of, 79 ; by 
the ship Kent, names of, 93, 
99 ; sufferings of, 99 ; by the 
ship Willing Mind and Flieboat 
MarthM; names of, 102, 103 ; by 
the ship Shield, names of, 109. 
by a ship from London, names 
of, 109, 110. 

Columbus, Christopher, first dis- 
coverer of America, 1. His 
character and personal appear- 
ance, 2, note. His first Yoyage, 
3 to 5. Honors conferred upon 
him, 6, His death, 6, note. 

Colve, Anthony, 110, note. 

Comet of 1741, 417. 

Company, Dutch East India, un- 
der whose auspices Hendrick 
Hudson discovered Manhattan 
Island, 19. Under a patent 
from Holland, they settled 
New York, and called it New 
Amsterdam, 19. 

Company, London, empowered 
by King James to plant colo- 
nies from latitude 36 to 41, 
names of patentees of, 17. 
Failure of their first attempt, 
and forfeiture of the grant, 18. 

Company, Plymouth, empowered 
by King James to plant colo- 
nies from latitude 41 to 45, 
names of patentees of, 17. They 
found the town of Plymouth, in 
1620, 18. Surrender of origi- 
nal grant, 18. 
Compass, Philip, 474. 
Comptroller, Mr., 219. 
Coningsmarke, 53, 54. 
Connecticut, or Fresh river, 59. 
Connecticut, Eegiment of, 367. 



592 



INDEX. 



Conoys, 456. 

Constable Hook, 493. 

Constitutions of government, or 
first concessions of rights, li- 
berties, privileges and immu- 
nities, by the Lords Proprietors 
of New Jersev, 10th February, 
1664, 61, and"512 to 561, App. 
Confirmation of the original 
concessions, July 13th, 1674, 
with additions, by Sir George 
Carteret, 68, 76. Constitutions 
of government, and further 
concessions of privileges for 
promoting settlement of the 
country, by the proprietors of 
West Jersey, March 3d, 1676, 
80, and 521 to 529, App. Queen 
Anne's confirmation of the Con- 
stitutions of New Jersey, in the 
Commission of Lord Cornbury 
and her instructions to him as 
Governor, and perpetuating 
and extending the privileges 
of the people, 220 to 261. 

Cook, William, letter of Mahlon 
Stacv to him about West Jer- 
sey, 113, 114. 

Cooper, Edward, letter of Daniel 
Wills to him about West Jer- 
sey, 115. 

Cooper, Joseph, 435. 

Cooper, Thomas, 156. 

Coreans, 14, note. 

Cornbury, Lord Viscount, Ed- 
ward Hyde, Governor of New 
Jersey, 220 to 230. His arrival 
in the province in 1703, 275. 
Publication of his Commission 
and beginning of his encroach- 
ments, 276. Assembly of 1703, 
their names and Speaker, 276. 
Their demand for parliament- 
ary privilege rejected, 376. His 
Speech, full text thereof, 277 to 
279. All rights and privileges 
confirmed except right of gov- 
ernment, 277, 278. Address of 
Assembly, thanking him for 
his assurances, 279, 280. Pas- 
sage of an act regulating the 
purchase of lands from the In- 
dians, 280. Assembly of 1704, 
his Speech recommending the 
adoption of certain measures, 



283. Dissolution of the Assem- 
bly, 283. A majority of the new 
one returned in the interest of 
the Governor, their names and 
Speaker, 283, 284. The Gov- 
ernor complimented by the 
new House, 283, 284. A Bill 
passed for raising £2000 a year 
to support the government, and 
also one to provide for the mi- 
litia, which was bard on the 
Quakers, 284. Rejection by the 
Governor of three members of 
the Assembly, on the ground of 
not being qualified, 284. They 
were afterwards admitted, when 
the object of their exclusion 
had been gained, 284. Council 
of Proprietors summoned by 
the Governor, to show cause 
for their existence, 285 to 288. 
The Assembly of 1707, the 
Governor in a minority, their 
names and Speaker, 288. On 
receipt of his Speech, the House 
went into Committee to con- 
sider grievances, 288. Passage 
of resolutions to be submitted 
to the Queen, and adoption of a 
remonstrance against the Gov- 
ernor's course, 288. Full text 
of remonstrance, 289 to 294. 
Eead to him in full House by 
Speaker Jenings, 295. Inter- 
ruptions by the Governor dur- 
ing the reading repelled by the 
Speaker, 295. Governor's opin- 
ion of the Speaker's boldness, 
295. Governor's Answer read to 
the Assembly, full text of the, 
296 to 311. Fauconier, the As- 
sembly and the Governor, 312. 
Kefusal of the Governor to re- 
ceive the Assembly's reply 
formally, 212. Refusal of the 
Assembly to vote supplies until 
the Governor should redress 
grievances, 312. Complaint of 
Lieut.-Gov. Ingoldsby and cer- 
tain of the Council against the 
Assembly sent to the Queen, 
345. The address of the As- 
sembly of 1708, in the absence 
of Speaker Jenings, reiterated 
past grievances and charged 



INDE3;. 



693 



new ones, 348, 349. Dissolution 
followed, when the Governor 
himself was superseded, 348 
to 351. Refusal of the Council 
to grant him warrants for mo- 
ney due him in the Province, 
and his arrest by his creditors 
in New York until he succeed- 
ed to the Earldom of Claren- 
don, 351, 352, note. His despot- 
ic rule, and the detestation in 
which he was held, 352, note. 

Cornelius, Cape, 22. 

Corsen, Captain, 158. 

Cosby, Governor from 1731 to 
1736, 418. 

Council of Proprietors, their 
number, constitution and pro- 
ceedings, 199 to 207. 

Courtlandt, Stephen, 43. 

Cousea, James, 41 to 43. 

Couturier, Henry, 70. 

Coxe, Dr. Daniel, one of the 
largest Proprietors in West 
Jersey, Governor from 1684 to 
1690, 190. His views of the 
government, 190 to 194, note. 
Speaker of the Assembly of 
1716, 404. Expelled for con- 
tempt, 407. 

Coxe. Daniel, Jr., 423. 

Cranoury, 490. 

Crane, Jasper, 283, note. 

Crew, Sir Thomas, 156, note. 

Crips, John, his letters giving ac- 
count of West Jersey, 99, 103 
to 108. 

Cripps, Nathaniel, 344. 

Croatan, Cape, 25, note. 

Croghan, George, 452 to 457. 

Crosswicks, where Assembly of 
1716 met, 408 ; where Indian 
Council was held, 441. 

Cumberland county. Statistics of, 
in 1765, 497. 

Canad, in Hungary, 63. 

Canaduni, 13. 

Curtis, Robert, 207. 

Cashystunk, 436, 473. 

Czarian ambassador, 426. 

Czarevna and Czarina, 426. 



Dalbo, Woolla, 201. 



Dale, Sir Thomas, 25, note. 

Daniel, M., 29, note. 

Dartmouth, Earl of, 368. 

Davenish, Bernard, 151, 201. 

Davenport, Francis, 201. 

Davis, Straits of, 25, note. 

Davis, Nicholas, 158. 

Davis, James, 474, 481. 

Day, John, 109; 

Dayes, John, 201. 

Deacon, George, 95 to 97, note,103. 

Dechyer, John, 37. 

Decker, John de, 41, 42, 43. 

Decow, Isaac, 370, note. 

Delavel, Thomas, 39. 

Delaplairs, 158. 

Delaware bay, 58, note. 

Delaware, The Lord, 58, note. 

Delawares, 136, 452. 

Denn, John, 109. 

Dennis, Robert, 161. 

Denton, Daniel, 62. 

Detroit, 12, note. 

De Wit, 435. 

Dewsbury, John, 109 

Disney's Regiment, 400. 

Dobbs, Governor of N. C, 11. 

Dobie, John, 197. 

Dockwra, William, Secretary of 
Council of Proprietors of West 
Jersey, 177, 263. Contriver of 
the London Penny Post, 263, 
note. His surrender of the 
sovereignty of East Jersey to 
the Queen, with reservation of 
all rights, 263, note. 

Dominique, Paul, 215. 

Dormer, Captain, 62, 

Dorset, Earl of, 219. 

Doughty, Jacob, 404, note. 

Douglass, 55. 

Drewet, Morgan, 99. 

Drummond, James, Earl of Perth, 
489. 

Drummond, John, 156. 

Dudley, Governor, 401. 

Duffield, Benjamin, 109. 

Duke of New Castle, 499. 

Duke of York, James, 35, 60. 
Boundaries of the King's grant 
to him, 59, 60. The Duke's 
grant to Lord Berkely and Sir 
George Carteret of the Prov- 
ince of New Jersey, in 1664, 
60. New grant of the same to 



694 



INDEX. 



them in 1674, 110. New grant 
by the Duke of West Jersey to 
the assigns of Lord Berkely, 
and of East Jersey to the 
grandson of Sir George, 111. 

Duke's Farm, 160. 

Duncan, George, 355, note. 

Dundass, James, 197. 

Dunk, William, 207. 

Dungwortli, Richard, 109. 

Dutch conquest of New York 
and New Jersey in 1673, 110, 
and note. Treaty of peace with 
Holland in 1674, restoring their 
Provinces to the English, 110, 
note. 



E. 



Earl, Marshal, 219. 

Earthquakes in 1726, 419; in 
1732, 424; in 1739, 427; in 
1755, 436 ; in 1763, 438. 

East Indies, 6. 

East Jersey, Accounts of, in 1682, 
by Secretary Nicolls, of New 
York, 157 to 166. Towns, plant- 
ations and population in that 
year, 161. Philip Carteret, Gov- 
ernor, till 16S1, 161. His sal- 
ary of £50 a year paid in coini- 
try produce, 181. Names of his 
Council and Assembly, 1668, 
and their wages, 161, and note. 
Sessions held chiefly at Eliza- 
beth-Town, 161. Abstract of 
laws passed in 1682, 161 to 163. 
Scotch settlers about Amboy 
and up the Raritan in 1683, 166. 
Robert Barclay appointed Gov- 
ernor for life by Proprietors, 
166. His Commission, 166, 167, 
note. Thos. Rudyard, his dep- 
uty, 167. Disturbances in the 
Province in 1683, 175. Law 
against dueling and carrying 
weapons passed in 1686, 194, 

195. Division line run in 1687 
between tlie two Jerseys, 195, 

196. Action of Governors 
Coxe and Barclay, in 1688, 
rectifying its course, 195, 198. 

East Jersey, Province of, its sale 
under the will of Sir George 
Carteret, who died in 1679, to 



pay his debts, 156. Names of 
his devisees in trust for the 
sale of his New Jersey planta- 
tions, 156, note. Sale effected 
by indenture of lease and re- 
lease, in February, 1681, to 
twelve purchasers, their heirs 
and assigns, 156. Their names 
and full text of their account 
of the country, and their pro- 
posals to build a town at Ambo 
Point, 156, and 539 to 546, App. 
A large immigration of the 
Scotch, 156. Tlie twelve Pro- 
prietors took eacli a partner, 
and they were called the Twen- 
ty-four Proprietors, to whom 
the Duke of York made a 
fresh grant of East Jersey, in 
1682, 156, 157. Names of the 
Twelve Partners, 156. The 
Twenty-four Proprietors estab- 
lish a Council of one-third of 
their number, with power to 
manage the property, 157. 

Easton, the treaty of 1758 with 
the Indians, 455 to 483. 

Eaton, 420. 

Edridge. John, 80 to 85. 

Edsal, Samuel, 161. 

Edsal and Company, 158. 

Edward, Earl of Sandwich, 156, 
note. 

Egbay, 29, note. 

Egg-Harbor, Little, point of par- 
tition line between East and 
West Jersey, 187, 197. 

Egg- Harbor, Great, 496. 

Eggs, Island of, 401. 

Egotchowen, 453, 465, 466. 

Egypt, 10. 

Egyptians, 8, 9, 10. 

Eirs, William, 404, note. 

Eldridge, Jonathan, 109. 

Elizabeth, Queen, 16. 

Elliott, William. 86. 

Ellis, Thomas, 103. 

Ellis, Thomas, 109. 

Elizabeth-Town, named by Gov- 
ernor Philip Carteret, after 
Elizabeth, wife of Sir George 
Carteret, 67. Increase of sett- 
lers, 67. Plantations and popu- 
lation in 1682, 159. 

Elizabeth-Town, grant or pur- 



INDEX 



695 



chase of the lands on which 
the town stands, from the In- 
dians, in 1664, and names of 
the purchasers, 62. 

Elsingburgh, a fort on Delaware, 
built by the Swedes in 1631, 
23. Keduced by the Dutch in 
1665, 33. 

Elton, Anthony, 201. 

Emley, William, 98, 109. 

Enler, Leonard, 11. 

Entick's History of Discoveries 
of the Cabots, 7, note. 

Epicerini, 12. 

Eriwomeck, 27, note. 

Erwing, Nehemiah, 207. 

Eshakanata, 453. 

Esopus, 475, 476. 

Essex county. Statistics of, in 
1765, 491, 492. 

Essiscunk, 69, note. 

Evans, L., 487, note. 

Evelin, Master Robert, his letter 
about New Albion, 28, 29, note. 

Evertse, Cornelius, 110, note. 

Eves, Thomas, 99. 

Eves, Thomas, 155, note. 



Faden, William, iii. His map of 
New Jersey in 1777, frontis- 
piece. 

Fairnsworth, Susannah, 109. 

Fairnsworth, Thomas, 99. 

Falconbre, Henric Jacobson, 94. 

Falconer, Gilbert, 519. 

Farmer, Thomas, 288, note. 

Farre, Charles, 163, note. 

Farre, Elias, 152, note. 

Fenwick, John, trustee for Ed- 
ward Byllinge and his assigns 
of Lord Berkely's moiety of 
New Jersey, in 1675, 79. He 
j)lants the town of Salem, 79. 
Differences between him and 
Byllinge adjusted by William 
Penn, who becomes trustee, with 
others, for Byllinge, 79, 89. Let- 
ter of Penn and others about 
West Jersey and Fenwick, 80 
to 83. Instructions of Penn and 
his associates to the West Jer- 
sey Commissioners in relation 
to Fenwick's interest and the 



government, 83 to 87. Fenwick 
arrested by Governor Andros, 
and taken prisoner to New 
York, 94, note. 

Ferd, Abraham, 110, note. 

Ferdinand and Isabella, 3. 

Ferrers, Lord, 219. 

Ferryland, 20, note. 

Finnland, 22. 

Finns, 22. 

Fishkill, northernmost branch of 
Delaware, 412. 

Fitzrandolph, Thomas, 355, note. 

Five Nation chiefs, 480. 

Flanders, 400. 

Fleet for Canada, names of ves- 
sels, 367. 

Fletcher, Colonel, 318. 

Florence, 1. 

Florentine, 1, note. 

Florida, Cape, 7, note. 

Forbes, Arthur, his letter de- 
scribing West Jersey, 182 to 
189. 

Forbes, General, 476. 

Ford, 191, note. 

Forks of Delaware, 451, 483. 

Forster, Miles, 431. 

Fortesque, 120, note. 

Foster, William, 449. 

Foulke, Thomas, 93. 

Fousang, 13, note. 

Fox, Joseph, 455. 

Franipton, William, 154. 

Franklin, William, Governor of 
New Jersey, 1763, 419. 

Frederiekson, Hermann, 55. 

Freehold, 62. 

Freelinghausen, Theodorus Ja- 
cobus, 492. 

French, Thomas, 201. 

Fretwell, Peter, 283. 

Fretwell, John, 109. 

Fundamentals of government 
adopted by West Jersey As- 
sembly in lt)81, 126 to 129. 

Furnace, Samuel, 109. 

a. 

Gacheos, 136. 
Gage, Thomas, 219. 
Galloway, Joseph, 455. 
Gardiner, Thomas, 95 to 97, notes, 
135, 209. 



fi96 



INDEX. 



Gardiner, Thomas, 401. 

Gardner, Thomas, 109. 

Gas[)6e, Bay of, 400. 

Gates, Sir Thomas, 17. 

Gaul, 11, 

Genoese, 3. 

George, Earl of Orkney, 413. 

George, King, 447. 

George, Lord Edward, 18. 

George, Prince, of Denmark, 219, 
366. 

Germany, 435. 

Germantown, iii. 

Gibbons, Richard, 63, 

Gibson, William, 156. 

Gilbert, Raleigh, 17. 

Gilbert, Sir Humphrey, 7, note. 

G.la.stonbury, 20, note. 

Gloucester county. Statistics of, 
in 1765, 497. 

Godolphin, 219. 

Goforth, William, 102. 

Gosling, John, 164, note. 

Goulder, William, 63, note, 

Gookin, Governor of Pennsylva- 
nia, 69, 362, note. 

Gordon, Robert, 156. 

Gordon, Thomas, 391, 

Governors of New Jersey from 
1720 to 1765, List of, 418, 419. 

Graham, Aug., 219. 

Great Britain, 400. 

Greeks, 9. 

Green, Richard, 109. 

Greenaway, Richard, 207. 

Greenfield, Sir Richard, 25, note. 

Greenland, 6, and note. 

Greenland, Natives of, 435. 

Grenville, Bernard, 156, note. 

Grieve, 15, note. 

Griffith, first English ship to the 
Delaware, 79. List of her pas- 
senger colonists, 79. 

Grimston, Joseph, 215. 

Groome's ship, 80. 

Groome, Samuel, Surveyor-Gen- 
eral of East Jersey, 171. His 
description of East Jersey, 
Amboy, the Rariton and Bar- 
negat, 172 to 175. 

Grotius, 6, note. 

Grover, James, 63, note, 161, 

Groves, Captain Edward, 39, 

Growdon, Lawrence, 455. 

Grubb, Henry, 109. 



Guanahani, 4, note. 
Guignes, De, 12 to 14, note, 
Gunston, John, 207. 
Gustavus Adolphus, 22. 
Guy, Richard, 81, 83, 87, 93. 



Habberfield, Edward, 207, 

Hacluit's voyages, 24, note. 

Hackluyt, Richard, 17. 

Hackensack, 159. 

Hackshaw, Robert, 207. 

Haerlem, 431. 

Hairlocker's plantation, 500. 

Half-Moon, Hendrick Hudson's 
ship, 9. 

Hague, 20. 

Hall, David, 

Hall, Thomas, 404, note. 

Hall, William, 276, note, 398, 

Haloraske, 25, note. 

Hamilton, 402, note. Governor 
ip 1736, 418, 

Hamilton, President of Council, 
Governor in 1746, 418. 

Hamond, William, 207, 

Hancock, Godfrey, 109. 

Handcock, Francis, 215. 

Hanham, Thomas, 17. 

Hannington, Samuel, 219. 

Hanover, ^37. 

Harding, Thomas, 99, 108. 

Hardy, Governor of New Jersey 
418, 419, 476. 

Harlot's creek, 57, and note. 

Harrington, Henry, 207. 

Harrison, Edward, 207. 

Harrison, John, 276, note. 

Harrison, Richard, 102. 

Hart, Thomas, 156. 

Hartshorn e, Hugh, 156. 

Hartshorne, Richard, 63, note. 
Letter of Penn and instruc- 
tions to him as Commissioner 
of West Jersey, 80 to 87. 

Hassell, Richard, 215. 

Havannah, 24, note. 

Hawdon, Michael 215. 

Hayward, John, 156. 

Hayward, Nicholas, 207, 

Heath, Andrew, 98, note. 

Hebrews, 9, 

Hedge, Samuel, 79. 

Hedges, Sir Charles, 219. 



INDEX. 



697 



Helmes, Israel, 94. 

Helmsley, Joseph, 92, 98. 

Henlopen, Cape, 25, note. 

Henrietta, Maria, 20, 21, note. 

Henry VII. of England, his com- 
mission to the Cabots, 7, note. 
His claim of North America 
for the Crown, 7, note. 

Henry VIII., 25, note. 

Hercules' Pillars, 9. 

Herritage, Eichard, 201. 

Hewlings, Abraham and Wil- 
liam, 109. 

Hewlings, Jacob, 404, note. 

Hewling, David, 109. 

Heyres, John, 109. 

Hibes, William, 79. 

Hickory Grove, v. 

Hicks, Isaac, 412. 

Hide, Captain Hugh, commander 
of the fleet against the Dutch, 40. 

Higansetts, 59. 

Hill, Abraham, 264. 

Hill, Eegiment of, 400. 

Hirrse of Good Hope, 20. 

Hispaniola, 5. 

Hoarkills, or Hoernkill, or Horn- 
kill, or Lewistown, 22. Origin 
of the name, and alterations in 
the channel, 58. Invasion of, 
by a Maryland mob, 73. Let- 
ters of Governor Lovelace in 
relation thereto, 73 to 75. In- 
habitants allowed to levy a 
duty on strong drinks, 76. A 
custom's duty of 10 per cent, 
levied on imports and exports 
by Governor Lovelace, in 1669, 
56,57. Description of the Hoar- 
kills by the Swedes, 57, 58. Ar- 
gument at length againt the 
import duty levied at the Hoar- 
kills, 117 to 124. Duty removed 
by the Duke of York, 117, Let- 
ter of Samuel Jenings in rela- 
tion thereto, 124, 125. 

Hobuck, 160. 

Holland, 19. 

Holland, Ferdinando, 215. 

Hollinshead, John, 109. 

Holm, Thomas Companius, 21, 
note. 

Holy Trinity, a Swedish fort on 
Delaware, 33. 

Hoogland, Christopher, 159. 



Hooper, Eobert Lettice, 417. 

Hooten, Thomas, his letter about 
Burlington, 102 

Hore, Master, '25, note. 

Hornius, 6, note. 

Horsemann, Marmaduke, 103. 

Howden, Michael, 276, note. 

Huddy, Hugh, 398. 

Hude, Adam, 370, note. 

Hude, James, 449. 

Hudson, Hendricks, discoverer 
of Manhattan Island, 19, 2A, 

Hughes, Humphrey, 414, note. 

Hugg, John, 97, note, 424. 

Huggins, Eoger, 109. 

Hughes, John, 55. 

Hunns, 13. 

Hunter, Governor Eobert, 370 to 
443. His Speeches to the As- 
sembly, 370, 399, 402, 407, 410. 

Hunterdon County, statistics in 
1765, 498. 

Hutchinson, George, 116. 

Hutchinson, Lieut.-Gov. of Mass- 
achusetts, 368, note. 

Hutchinson, Thomas, 201. 



Imley, John, 446. 

Indians on Delaware, their desire 
to abolish the sale of strong 
liquors, 52. Eeports of Indian 
murders, 52. An Indian con- 
demned for rape, 54. Murder 
of Dutchmen by Indians on 
Maniticunk Island, 69. Meas- 
ures adopted for punishing the 
murderers and meeting a pos- 
sible war, 69, 70. Instructions 
to Carre about the government 
on Delaware, 71. Tragic death 
of one of the Indian murder- 
ers, 71. 

Indians in East Jersey, their title 
to the lands ptirchased by Gov- 
ernor Carteret, 63, 64. Bloody 
skirmishes between the Dutch 
and Indians, 64, 65. Story of a 
Dutch woman saved among tlie 
Indians, and from whom the 
Stout family of New Jersey de- 
scended, 65 to 67. Fifty white 
families and 500 Indians in 
East Jersey in 1669, 67. 



698 



INDEX. 



Indians in West Jersey, a tribe 
for nearly every ten or twenty 
miles, 135. Names of the 
tribes, their customs and reli- 
gion, 135 to 150. Ockanickon's 
selection of his successor as 
king, 148 to 150. 
Indians of the whole colony, Gov- 
ernor Bernard's treaties with 
the, 410 to 484. The Council of 
Crosswicks, 441. Acts of the As- 
sembly against selling strong 
liquors to tlie Indians, and 
forbidding their imprisonment 
for debt, 441. Money voted for 
purchasing a general release 
of Indian claims to lands, and 
for establishing a settlement 
for Indians south of tlie Kari- 
ton, 441, 442. Second Council 
at Crosswicks, and names of 
Commissioners, 442, and mote. 
Lists of the tracts claimed by 
the Indians, 443 to 445. Ke- 
lease of all their claims, 44(j. 
Treaty of 1758, and Council at 
Easton, 446 to 484. Governor 
Bernard's Message to the king 
of the Delawares, 446 to 449. 
Council at Burlington, names 
of Commissioners and proceed- 
ings of the, 449 to 455. Gen- 
eral Council at Easton, in Octo- 
ber, 1758, and proceedings of 
the, 455 to 484. Extinction of 
the remaining Indian titles to 
lands in New Jersey, the re- 
turn of the captives taken by 
the Minisinks and their allies, 
and peace with the Back Indi- 
ans the result of the treaty, 
480. A force stationed on the 
frontier to guard against sur- 
prises, 484. Purchase of the 
Brother ton tract of 3000 acres, 
and removal of certain tribes 
thereto, 483, 484. 
Ingoldsby, Lt.- Governor under 
Lord Cornbury, 284. His Ad- 
dress to the Queen, and names 
of the Council who signed it 
with him, 345, 348. Their de- 
nunciation of the Assembly for 
the proceedings against Lord 
Cornbury, 346. Cause of the 



troubles charged upon Samuel 
Jeningsand Lewis Morris, 346,. 
347. Reply of the House stig- 
matized as a false and mali- 
cious libel, 348. Copy of the- 
Address communicated to the 
Assembly by Governor Love-^ 
lace, who summoned the sign- 
ers to make good their allega- 
tions, 357, 358. Ingoldsby be- 
comes Governor on the death 
of Lord Lovelace, 359. His 
Speech to the Assembly about 
the expedition to Canada, and. 
his approval of Bills connected 
therewith, 359, 360. 

Inlopen, Cape, or Paradise Point, 
22. 

Instructions,The Queen's, to Lord 
Cornbury, observations upon^ 
261 to 274. Reservation of 
their conceded rights and pri- 
vileges kept in view by the 
terms of the surrender, 261. 
Nothing surrendered but the 
powers of government, 261. 
Draught of the instructions 
approved by the Proprietors in 
London beforehand, 262, 263. 
Recapitulation of their re- 
served rights, and their pei'- 
petuation by the Crown, 266. 



Jamaica, 24, note, 428. 

James, Earl of Perth, 56. 

James, Fort, 62, 75. 

James, King of England, his 
patent to the London and Ply- 
mouth companies, 17. 

Japan, 11. 

Jarrat, Allane, 412. 

Jecah's creek, 498. 

Jenings, Henry, 99. 

Jenings, Samuel, his arrival with 
his family in West Jersey, in 
1680, 124, note. His letter to 
Penn about the Hoarkills cus- 
toms, 124, 125. Is made Dep- 
uty-Governor, in 1680, by Byl- 
linge, 126. His first Assembly, 
in 1681, adopts Fundamentals 
of government, 126 to 129. Is 
elected by the Assembly of 



INDEX. 



6i^9 



1683,Governor, 164, note. Their 
pledges to govern according to 
the concessions and the laws, 
164, i.ote. His salary for 1683, 
the right to take up 600 acres 
of land, 164, note. Speaker of 
the Assembly of 1707, and his 
opposition to Lord Cornbury, 
295. His undaunted bearing 
while reading the remonstrance 
of the Assembly to the Govern- 
or, 295. The rude interruptions 
of the Governor firmly but 
calmly repulsed, 295. The 
Governor's opinion of his bold- 
ness, 295, note. A member of 
the Society of Friends, and one 
of their approved ministers, 
352. His character as a man 
and a statesman, and his ab- 
horrence of oppression, 352, 
353. 

Jenkins, Nathaniel, 414, note. 

Jerusalem, 425. 

Jesso, 13, note. 

John, Earl of Bath, 156, note. 

Johnson, Richard, 288, note. 

Johnson, Andrew, 438, 449, 457. 

Johnston, David, 391. 

Johnston, Dr. John, 373,414, 424. 

Johnston, John, 412. 

Johnston, Sir William, 464. 

Johnstone, John, 215. 

Jones, Ebenezer, 215. 

Joyce, Henry, 404, note. 

Jurin, John, 207. 

Justinian, 8, note. 



Kaighn, John, 354. 
Kain, Regiment of, 400. 
Kamtschatka, 10, 15. 
Kay, John, 201. 

Keith, George, 195, 196, 374, note. 
Kemble, Peter, 449. 
Kempfei^s chart, 13, note. 
Kent, second ship from London 

to West Jersey, 93. 
Kent, Thomas, 109. 
Kent Isle, 31, note. 
Kirby, Thomas, 109. 
Kieft, 23. 

Kiersted, Sarah, 159. 
Kimbequin, 59, 212. 



King, Colonel, 400. 

King, Thomas, 457. 

Kingsbury, 496. 

Kingsland, 159. 

Kinsey, John, 93, note. His son, 

406, 420. His grandson, 103. 
Kirk, Regiment of, 400. 
Kirkbride, Jane, v. 
Kirkbride, Joseph, v., 412. 



L'Accadia, 368. 

Ladd, John, 110. 

Lamb, John, 207. 

Lambert, John, 109. 

Lambert, Thomas, 109. 

Lambert, 420. 

Lamiquas, 135, note. 

Lane, Sir Ralph, 25, note. 

Lane, Sir Thomas, Governor in 
1698, 167, note. Draught of 
Lord Cornbury's instructions 
submitted to and approved by 
him, 262. 

Lardner, Lynford, 455. 

Latins, 9. 

Lawrie, Gawen, co-trustee of 
Byllinge's interest in West 
Jersey, 79, 152. His Instruc- 
tions to West Jersey Commis- 
sioners, 80 to 88. Deputy-Gov- 
ernor, 176. His letter describ- 
ing Amboy and East Jersey, 
175 to 189. 

Lawrence, William, 159. 

Lawrence, Elisha, 388. 

Lawrence, John, 283, note. 

Leedelvandergrift, Paul, 37. 

Leeds, Daniel, 392. 

Leeds, Duke of, 219. 

Learning, A., and Spicer, J., 87, 
note. 

Leon, 6. 

Leonard, John, 441, note. 

Leonard, Samuel, 231. 

Le Page du Pratz, 15, note. 

Levy, Benjamin, 215. 

Lewis, Thomas, 70. 

Lewis-Town, 58. 

Ley, William, 103. 

Leyden, 425. 

Levdeners, 62, note. 

Litfland, 22. 

Linch, Dennis, 395. 



600 



INDEX. 



Lindstrom, Peter, 22. 

Line of Division between East 
and West Jersey, fixed in 1688, 
196 to 199. Proceedings in re- 
lation thereto, 546 to 557, App. 

Lippincott, Restore, 276, note. 

Lisbon, 2. 

Loeyden, or Ploeyden, 21. 

Logan, William, 455. 

Lombardy, 27, note. 

London Bridge, v. 

London and Yorkshire Compa- 
nies, 92, 98. 

Longfield, Cornelius, 370, note. 

Long Island, 59. 

Lord Chamberlain, 219. 

Lord Chief Justice, 219. 

Lord Great Chamberlain, 219. 

Lord High Admiral, 219. 

Lord Keeper, 219. 

Lords of Trade, Reports of, 261 
to 264, 423, 566 to 570, App. 

Lord President, 219. 

Lord Steward, 219. 

Love, John, 207. 

Lovelace, Colonel, 52. 

Lovelace, Francis, Governor, 
1667 to 1673, 55, and note. 
His petty court at the Hoar- 
kills in 1669, 55, 56. His Ex- 
traordinary Council at New 
York in 1671, 69 to 72. His 
Iptters to the Governor of 
Maryland and Captain Carre, 
73 to 75. 

Lovelace, John, Lord, Baron of 
Hurley, appointed Governor 
to succeed Lord Cornbury, in 
1708, 355, Meets two Assem- 
blies, in 1709, and dies, 355 to 
359. 

Lovett, Samuel, 99. 

Lucas, Nicholas, co- trustee of 
Byllinge's interest in West Jer- 
sey, 79. His Instructions to West 
Jersey Commissioners, 80 to 88. 

Lucock, Stephen, 198. 

Lufever, Hippolite, 79. 

Luke, Nathaniel, 103. 

Lyell, David, 215. 

Lynam, John, 102. 

M. 
Mackelson, Enoch, 288, note. 



Magellan, 14, note. 

Mahahensink, 453. 

Mahamickwon, 96, note. 

Mahometan, 4, note. 

Maidenhead People, 395. 

Manchester, Earl of, 219. 

Manhatans, or Manhatoes, 38 to- 
46. 

Manning, John, 110, note. 

Mantas, 136. 

Maquaas, 136, and note. 

Mark Newby's Coppers, 153. 

Marlborough, Earl of, 219. 

Marlow, Captain Gregory, of ship 
Kent, 93. 

Marriott, Isaac, 151. 

Marsh, Joseph, 370, note. 

Marshall, 99. 

Martha, Flieboat, with 114 colo- 
nists, 102. Their names, in 
part, 102. 

Martin's Vineyard, 212. 

Maryland, 7, 17. 

Mason, John, 276, note. 

Mason, Thomas, 414, note. 

Massachusetts Bay, 367. 

Matlock, John, 79. 

Matson Slander, 55. 

Mathews, Thomas, 109. 

Matinicunk, Island of, scene of 
an Indian murder, 69. Con- 
firmed to Burlington for schoor 
purposes, 69, note. 

Mattowacks, 59. 

Mawhickons, 456. 

Mayo, Richard, 207. 

Mead, 167. 

Meadows, Ph., 264. 

Megalopensis, Dr. Samuel, 37, 43i 

Megalopensis, Rev. John, 37. 

Meteorite, 439. 

Mevericke, Samuel, 36, 50. 

Mew, Richard, 156. 

Meyers, William, 201. 

Mexico, 13, note. 

Michel, Francis, 207. 

Mickel, John, 414, note. 

Mickelthwaite, Joseph, 215. 

Middlesex County, Statistics of, 
in 1765, 489, 490. 

Middleton, Hugh, 387. 

Middletown in 1669 and 1682,. 
62, 158. 

Mifflin, 455. 

Miles, George, 102. 



INDEX. 



601 



Miller, Elizabeth, 215. 

Millstone, 158. 

Mingo, 135. 

Mingo language, 480. 

Mingoians, 449 to 452. 

Minnisink, 446 to 483. 

Minshall, Francis, 205. 

Mitchell, Charles, 207. 

Mitchell, Eobert, 207. 

Mohawks, 456. 

Mohican. 435. 

MoUison', Gilbert, 207. 

Molloy, 8, note. 

Mompesson, Roger, 398. 

Moncacht-Ape, 15, note. 

Monmouth County, Statistics of, 
in 1765, 4S9. 

Montgoraerie, John, Governor, 
1727 to 1731, 418. 

Montour, Henry, 456. 

Montreal, 401. 

Moravians, 435. 

Morgan, Charles, 404, note. 

Morris, Anthony, 109. 

Morris County, Statistics of, in 
1765, 499. _ 

Morris, Lewis, his Iron Works 
at Shrewsbury, in 1682, 158. 
An incident at Middletown, 
175, note. His activity in be- 
half of privilege, and the part 
he bore in the warfare against 
Corn bury, 295, note. Arraigned 
by Cornbury as the promoter 
of the complaints against him, 
302, 306. Defended by the As- 
sembly of 1710 from the charges 
of the Ingoldsby Address, 384 
to 387. Author of the Com- 
plaint against Lord Cornbury, 
and the bearer of it to the 
Queen, 428. Judge of the Su- 
preme Court in 1692, 428. 
Named as first Governor after 
the Surrender, but was made 
to give way to Cornbury, the 
Queen's cousin, 428. Chief 
Justice of New York for sev- 
eral years, 429. Several times 
stispended from the Council by 
Cornbury, but as often restored 
by the Queen, 429. The first 
separate Governor of New Jer- 
sey, from 1738 to 1746, 429. 
His life and character his ad- 



ministrative capacity and con- 
troversial habits, his intense 
patriotism and unquestioned 
honesty, 428, 429. The pre- 
amble to his will, and his 
views of death and the future 
life, 430 to 434. 

Morris, Mary, 431. 

Morris, Robert Hunter, Chief 
Justice of New Jersey and 
Lt.-Governor of Pennsylvania, 
488. 

Morris, William, 288, note. 

Morrisania, 434. 

Morris river, 98, note. 

Morris-Town, 499. 

Morton's Memorial, 61, note. 

Mott, Gershom, 388. 

Mott, Price G., 355, note. 

Mount Desert, 25, note. 

Mount Holly, 495. 

Munsey Indians, 136, 466 to 483. 

Murfin, Robert, 109. 

Musconetcung, 499. 

Musgrave, Lord, 18. 

Musketoeburgh, 23, 

N. 

Naijack, 39. 

Naijackly, 37. 

Nanticokes, 456. 

Nantucket, 212. 

Naraticongs, 136. 

Narrohigansetts, 212. 

Nassau, Fort, 20. 

Navesink, 491. 

Needham, Robert, 39. 

Nehemiah, 319. 

Nelson, Benjamin, 215. 

Neshamines, 136. 

Neteeway, Jonah, 207. 

Nevill, James, 102. 

New Albion, 32. 

New Amsterdam, founded by the 
Dutch in 1623, 20. Dutch ex- 
pedition against the Swedes on 
Delaware, from New Amster- 
dam, in 1655, 33. Swedish 
prisoners carried to New Am- 
sterdam, 34. Arrival of Eng- 
lish expedition in the harbor, 
in 1664, 36. AVarning of its 
coming, 36, note. The Dutch 
Governor, Peter Stuyvesant, 



602 



INDEX. 



his letter of inquiry to the 
fleet, 37, 38. Answer of Colonel 
Nicolls, demanding surrender 
of the fort and the town, 38, 
39. Governor Stuyvesant's re- 
ply, refusing to comply, 39, 40. 
Order to Captain Hide to re- 
duce the place, 40. Request of 
Governor Stuy vesant for a par- 
ley, 41. Eequest granted on 
condition of surrender, 42. 
Commissioners appointed on 
both sides, and a Treaty of Sur- 
render signed and confirmed, 
43 to 46. Formal surrender of 
the town and fort of' New Am- 
sterdam, 46. With the fall of 
New Amsterdam, all the Dutch 
possessions passed into the 
hands of the English, 50. 

Newark in 1669, 62, 67, 159. 

Newbold, Godfrey, 109. 

Newbold, John, i09. 

New Brunswick, 49. 

Newby, Mark, 151. 

New Canary, first name of New 
Jersey, 35, note. 

New Castle, or New Amstel, Ca- 
pitulation and surrender of, to 
the English, in 1664, 49. Arti- 
cles of Surrender and a Pro- 
visional Government, 49 to 52. 
Incorporation of the town in 
1672, under English laws, 72. 
The authorities empowered to 
levy a duty on strong liquors, 

76. The fort taken possession 
of by Governor Andros in 1674, 
and a Government instituted 
for the Delaware settlements, 

77, 79. 

New England, 16. 

Newfoundland, 6, 7, 20 and 25, 
notes. 

New France, 25, note, 188. 

New Gottemburgh, 34. 

New Hampshire, 367, 400. 

New Hanover, 496. 

New Jersey, or Nova Csesaria, 
Province of, its boundaries un- 
der King Charles II., first 
grant, 59, 60. Terms of the 
grant, 60. First constitutions 
for its government, conceded 
by the Lords Proprietors, Feb- 



ruary, 1664, 61, 512 to 521, 
App. Confirmed and explain- 
ed by Sir George Carteret, in 
July, 1674, then sole Proprie- 
tor of the Eiistern Division, 
with additions, 61, 76. Philip 
Carteret appointed Governor 
by the Lords Proprietors, in 
1665, 67. His residence at 
Elizabeth-Town, 67. Invasion 
and conquest of the Dutch in 
1673, and a stop put to the 
English government in New 
Jersey, 68, 110, note. Peace of 
1673, restoring the status quo, 
68, 110, note. Disturbances 
and variances among the set- 
tlers from 1665 to 1673, 68. 
Conflict between Elizabeth- 
Town purchasers and the Pro- 
prietors, 68. John Berry, Dep- 
uty-Governor in the absence 
of GoTernor Carteret in Eng- 
land, in 1673, 69. Governor 
Carteret's return, in 1674, with 
a new Commission, which he 
held till his death, in 1682, 69. 
Instructions of Sir George Car- 
teret, in 1674, prescribing the 
quantity of land which settlers 
may take up, 76. Governor 
Andros disputes Governor Car- 
teret's title, and carries him 
prisoner to New York in 1680, 
68, note. Governor Carteret's 
publication of his new Com- 
mission, and its beneficial ef- 
fect, 68. In Governor Carter- 
et's time, Elizabeth-Town the 
capital of the Province, 69. 
Sale of Lord Berkely's moiety 
of the Province, in 1675, to 
John Fenwick, in trust for Ed- 
ward Byllinge and his assigns, 
79. Division of the Province 
into East and West Jersey, in 
July, 1676, line of the, 80. 
Concessions of 1676 for a form 
of government for West Jer- 
sey, by the new Proprietors, 81, 
521 to 539, App. Appointment 
of Commissioners to set up a 
form of government under the 
Concessions and Instructions, 
and their names, 80 to 87. 



INDEX 



Differences between the trustee 
rand creditors of Byllinge ad- 
justed by William Penn, who, 
-with others, takes the place of 
Fenwick, 79. William Penn's 
Epistle General, explaining the 
position of West Jersey and 
the rights of the present Pro- 
prietors, 78 to 91. Partition 
of the lands of West Jersey ac- 
quired from the Indians, into a 
hundred equal parts, 85. Com- 
missioners appointed by the 
London and Yorkshire Com- 
panies in 1677, with power to 
acquire lands and administer 
the government, the names of, 

92. 93. Most of the Proprietors 
in these Companies Quakers, 

93. Dispute of the Commis- 
sioners with Governor Andros, 

94. Some account of their pur- 
chases and progress in estab- 
lishing settlements, with their 
opinions of the country from 
1677 to 1680, 95 to 125, and 
notes. Inauguration of the first 
government of West Jersey, 
under the Proprietors, in No- 
vember, 1681, 126 to 129. 

New Jersey in 1765, its bound- 
aries, acreage, character of 
its soil, population, and a table 
•of the wealth of the counties, 
488, 489. Description of the 
thirteen counties, 489 to 500. 
The judicial system, 500. Mode 
of appeal to the King in Coun- 
cil, 501. Animals, 503 to 509. 

New London, 400. 

New Netherlands, settled by the 
Dutch in 1614, and compelled 
to submit to the English, 19. 
They throw off their allegiance 
in 1623, 20. Protest of King 
Charles II. against their pro- 
ceedings, 20, 21. They offer to 
retire from their settlements, 
21. Surrender of the govern- 
ment of New Netherlands to 
the English, in 1664, 36 to 46. 

New Scotland, 59. 

New Swedeland stream, 22. 

New York, Province of, covered 
by Patent of King James, in 



1606, 16. Claim of the Dutch 
to this Province, under Hen- 
drick Hudson's discovery, in 
1609, of Manhattan Island, 
and their settlement of it, 19. 
Settlement of the Province of 
New York, under a Patent 
from Holland, and under the 
name of New Netherlands, 19. 
Their claim disputed by Gov- 
ernor Argole, of Virginia, who 
compels their submission to 
England, 19. First bounds of 
the Province of New York, in 
1664, 34. Limits reduced by 
the grant of Nova Csesaria, or 
New Jersey, to Berkely and 
Carteret, 35. Its reduction by 
the English, in 1664, 35 to 52. 
Its re-conquest, with New Jer- 
sey, by the Dutch, in 1673, and 
its restoration, in 1676, to Eng- 
land, 110, note. 

Nichas, 466. 

Nichols, Samuel, 79. 

Nicholson, Colonel Francis, an 
officer in the English Canada 
expeditions, 359 to 362, note, 
400. 

Nicolls, Colonel Richard, com- 
mander of the land forces 
against New Amsterdam, 36, 
38 to 46. 

Nimham, 400. 

Noaman, 32. 

Noble, 98. 

Noble, Eichard, 79. 

Norris, Isaac, 455. 

North America, 7, note. 

Norton, John, 207. 

Nositer, Thomas, 99. 

Nova Csesaria, 60. 

Nova Scotia, 368. 

Nowalkeeka, 474. 



Odas, Samuel, 103. 
Ogden, John, Sr., 161. 
Ogden, Josiah, 404, note. 
Ohio Indians, 461. 
Oldale, Samuel, 201. 
Old man's creek, 94. 
Oldmixon, 263, note. 
Old Spain, 6. 



604 



INDEX 



Olive, Thomas, 92, 209. 
Onondagas, 456. 
Onas, 482. 
Oneidas, 435. 
Opings, 479. 
Orange, Fort, 20, 46. 
Ordnt, Major, 478. 
Ormond, Duke of, 367, note. 
Ormston, 322. 
Ormston, Charles, 215. 
Oswego, 494. 
Otsaningo, 465. 
Oitowopass, 449 to 453. 
Overprook creek, 159. 
Oxestiern, 23. 
Oxley, William, 103. 



Paise, Joseph, 207. 

Palmer, John, 158. 

Pales, 3, 5. 

Pamphlet about English posses- 
sions in North America in 
1648, Extracts from, 24 to 32, 
note. 

Pancoast, John, 152, note. 

Paoqualin, 473. 

Papegoia, John, 27. 

Pardon, William, 161. 

Parker, Elisha, 399. 

Parker, James, v. 

Parker, William, 17. 

Parks, George, 109. 

Partridge, Richard, 423. 

Passaic Falls, 493. 

Paunceford, Edward, 207. 

Paunceford, Tracy, 207. 

Pawtomeck, 27, note. 

Payne, John, 109. 

Peachy, William, 99, 108. 

Perth- Amboy, 157. 

Pelham, 7, 424. 

Pemaquid, 212. 

Penford, John, 92. 

Penn, William, trustee for Byl- 
linge, 79 to 89. His letter and 
Instructions to West Jersey 
Commissioners, 80 to 87. His 
Epistle General about West 
Jersey, 88 to 91. His opinion 
about the aborigines of Ameri- 
ca, 9, note. Becomes one of 
the Twelve Proprietors of East 
Jersey, 156. 



Pennsylvania, Province of, 17, 22. 

Pennton, William, 99. 

Pequaneck, 498. 

Perizonius, 8, note. 

Perkins, William, 99. 

Peters, 453 to 455. 

Petersburg, 11. 

Petty, John, 109. 

Pharo, James, 109. 

Phenicia, 9. 

Philadelphia, 426. 

Phips, Sir William, 368. 

Phipps, Thomas, 207. 

Phoenicians, 8, 9, 10. 

Pierson, Tliomas, 92. 

Pierce, Daniel, 161. 

Pietersz, David, 22. 

Pin horn, 159. 

Pinhorne,William, 369, note, 391, 
395, 398, 402, note. 

Piscataway, 158, 490. 

Placentia, 401. 

Plato. 8. 

Pledger, John, 79, 

Ploeyden, Sir Edmond, 24. Gov- 
ernor of New Albion, 27 to 33, 
note. 

Plumsted, Clement, 156. 

Plvmouth, 17, 18. 

Pollexen, John, 264, 

Pomptons, 136. 

Popham, George, 17. 

Popple, William, 262. 

Portugal, 1, note, 3. 

Porto-Rico, 24, note. 

Port-Royal, 388. 

Potts, Thomas, 109. 

Powell's Map, 29, note. 

Powell, Robert, 99. 

Preface, Author's,, xi. to xiv. 

Preface, Publisher's, iii., iv. 

Price, Daniel, 288, note. 

Princeton, 490. 

Printz, John, 22, 25. 

Prieger, Martin, 55, 56. 

Prior, Mat., 264. 

Proprietors of West Jersey, Coun- 
cil of, Minutes of Proceedings 
of the, 95 to 98, note. 

Province of New Jersey, Geo- 
graphical description of, 485 to 
488. 

Provost, William, 414, note. 

Pumphrey, William, 109. 

Pumpshire, 449. 



INDEX. 



Punctwon, John, 43. 
Purchas, Master, 2, note, 24, note. 
Purchases from Indians, 94 to 97, 
95, note. 

Q. 

Quakers, Persecutions of the, 377. 

Laws for their relief, 403. 
Quarry, Robert, 231, note, 380. 
Quatulia, 12. 
Queen Anne, 219. 
Quivera, 12. 
Quivin, 14, note. 

R. 

Eacoon creek, 93. 

Radnor, Earl of, 219. 

Rahway, 490. 

Rambo, Peter, 94. 

Rambo, John, 201. 

Ranelagh, Earl of, 219. 

Rankokas, 95, note, 135. 

Raper, Thomas, 109. 

Rariton river, 158. 

Rattlesnakes, 503 to 510, and 
notes. 

Eawleigh, Sir Walter, 16. 

Rawley's Isle, 25, note. 

Read, Charles, 109, 449, 455, 457, 
464, 465. 

Reading, John, 95 to 97, note, 
402, note. Governor of New 
Jersey, 4l8. 

Redford, Andrew, 414, note. 

Reed, Charles, 109. 

Reed, John, 197, 874. 

Reeves, Mark, 151. 

Reid, John, 276. 

Reland, 11. 

Remonstrance of grievances 
against Lord Cornbury, by the 
Assembly of 1707, Full text of, 
289 to 294. His long absences 
from the colony, and his neg- 
lect to execute capital sen- 
tences, 289, 290. His obliging 
persons liable to indictment to 
pay court fees, and compelling 
probate of wills at Burlington 
only, 290. His keeping the 
Secretary's office at Burling- 
ton only, and granting a monop- 
oly for carting goods, 290, 291. 



His establishment of fees, con- 
trary to law, and placing the 
public record in the hands of 
Peter Sonmans, a non-resident, 

291. His failure to protect the 
people in their rights and liber- 
ties generally, and his prohib- 
iting the Proprietors' agents 
from selling their lands with- 
out his consent, 292. His as- 
sumption of power to judge of 
the qualifications of members 
of the Assembly, and refusal to 
swear in members daly elected, 

292. His acceptances of bribes, 
and other notoriously corrupt 
practices, 293, 294. 

Reply, or Answer, of Lord Corn- 
bury to the Remonstrance, Full 
text of, 296 to 311. Complaint 
of absences frivolous, because 
he was accessible, and the 
Lt.-Governor could act, 296. 
Malice and revenge in the trial 
sufficient cause for suspend- 
ing execution of sentence of 
death in the cases complained 
of, 297. Payment of court fees 
by persons liable to indictment, 
according to the English prac- 
tice, 298. Office of probate of 
wills not at Burlington only, 
but wherever the Governor is, 
whether in or out of the Pro- 
vince, 299. There's only one 
Secretary of the Province, and 
his residence is at Burlington, 
but he is as much at Amboy as 
possible, 300. The license for 
cartage not a monopoly', but a 
legal regulation of the prices 
of transportation by the public 
wagon, 301, 302. The fixing of 
the free list in strict conformity 
with the Queen's commands, 
and regularly reported to the 
Lords of Trade, 303. Peter Son- 
mans is the constituted agent 
of the Proprietors, and is a res- 
ident of the colony, 303, 304. 
The Agents of the Proprietors 
forbidden to sell lands because 
they have not taken the oath 
of office, 306. Exclusion of the 
members from the Assembly 



eo6 



INDEX 



not the act of the Governor, 
but of the Assembly itself, that 
refused to report upon their 
qualifications, 307. Denial of 
the charge of accepting bribes 
for the dissolution of the As- 
sembly, that was dissolved be- 
cause it had been corruptly 
chosen, and had refused to 
provide for the support of gov- 
ernment, 308. Denial of ap- 
pointments to office of corrupt 
and mercenary men, though 
many such had been recom- 
mended to him by Lewis Mor- 
ris, 309. He charges the As- 
sembly wi,th corrupt and ille- 
gal practices and violence, and 
arraigns Samuel Jenings and 
Lewis Morris as disturbers of 
the peace aqd the cause of the 
course of the Assembly, 305 to 

3n. 

Keply of the Assembly of 1707 
to Lord Cornbury's Answer to 
their Remonstrance, Full text 
of, 312 to 336. Appeal to the 
Queen for the redress of their 

frievances not despaired of, 
13. His absences from the 
colony, and the refusal of the 
Lt.-Governor to act for him, 
insisted on as serious griev- 
ances, 314. His excuse for not 
executing the death sentences 
in the cases complained of not 
tenable in the light of the 
facts, 314. Objection of the As- 
sembly to the payment of court 
fees by persons liable to indict- 
ment based on tine injustice of 
•the custom, without reference 
to the English practice, 317, 
318. If tlie Surrogate's office 
travels with the Governor, it is 
a great grievance to be com- 
pelled to travel after it, and, 
besides, there's no authority to 
do any act of government out- 
side of the colony, 317, 318. No 
infringement of royal preroga- 
tive to establish Surrogates' 
-offices in the various counties, 
318, Secretary's office should 
be open alternately at Burling- 



ton and Amboy, 309. The 
wagon license is not only a 
monopoly, but it is against the 
statute of James, 319, 320. Es- 
tablishment of fees by any other 
authority than the Assembly's 
contrary to the Queen's Instruc- 
tions, 321. Sonmans is nothing 
but a pretended agent of the 
Proprietors, has given no secu- 
rity and is a non-resident, 324, 
325. The Council of Proprie- 
tors, as agents for the sale of 
their lands, not required by the 
Queen's Instructions to take an 
oath of office, 326. The Assem- 
bly alone is judge of the q^iali- 
fications of its members, 326 to 
331. Charge of the Governor's 
acceptance of a bribe of £200 
to dissolve the Assembly reit- 
erated, with particulars, 332. 
Many other acts of cruelty and 
oppression by the Governor in- 
dicated, 333. Denial of the 
charges of corruption and vio- 
lence made by the Governor 
against the Assembly, 334 to 
336. 
Representation of the Assembly 
of 1710 to Governor Hunter, 
concerning the Ingoldsby Ad- 
dress, Full text of the, 3*76 to 
399. Review of Cornbury's ad- 
ministration, 376 to 378. The 
Ingoldsby Address not an offi- 
cial act of the Council, 379 to 
382. Absurdity of the charge of 
libel against the Remonstrance 
and the Reply, 383, 384. De- 
fence of Mr. Morris and Mr. 
Jenings from the charges of 
disloyalty and sedition, 384 to 
387. Hostility of Ingoldsby and 
his party to the Canada expe- 
ditions, 387 to 389. Reasons for 
the removal of Peter Sotimans 
from the Council, 389, 390. In- 
stances of judicial wrongs and 
malpractices, 390 to 392. Per- 
secutions of the Quakers, dnd 
denial of their rights and lib- 
erties, 392, 393. Arbitrary con- 
duct of the Council towards 
Mr. Barclay, 393, 394. Ar- 



INDEX 



60T 



raignment of the Council for 
their oppressions, 394, 395. 
Loss of the original laws in 
Lovelace's time, 396 to 398. 
Demand for the removal of 
obnoxious Councillors, 395. 

Eevell, Thomas, 109, 152, 392. 

Kevell's Book, 198, note. 

Rhode Island, 400. 

Kichier, Edward, 207. 

Richmond, Duke of, 19. 

Kigg, Ambrose, 156. 

Riscarricks, 362, note. 

Riven, Cornelias Van, 41, 

River Indians, 4, note. 

Roanoke, 16, note. 

Roanor, 16. 

Eoberdeau, Daniel, 455. 

Robeson, Andrew, 201. 

Robinson, John, 458. 

Rochester, Earl of, 219. 

Rocky-Hill mines, 492. 

Rolf, Moses, 414, note. 

Romnev, Earl of, 219. 

Roydon, William, 201. 

Royse, John, 283, note. 

Rudyard, Thomas, Deputy-Gov- 
ernor of East Jersey in 1683, 
167. His description of East 
Jersey, Ambov and Elizabeth- 
Town, 167 to 171. 

Russian Court, 426. 

Ruyven, Cornelius, 38. 

Ryder, Sir Dudley, 501. 

Rysing, George, Governor of the 
Swedes on Delaware, 27. His 
friendly intercourse with Indi- 
ans, 28 to 32. 

S. 

Sabines, 1. 

Sachems of Indian tribes, 29, 362, 

note. 
Sailor who first discovered St. 

Salvador, Fate of, 4, note. 
Saint John's river, 26, note. 
Saint Helens, 401. 
Saint Lawrence, 401. 
Salary of Governor Hunter, 413 ; 

of Governor Lewis Morris, 414. 
Salem County, Statistics of, in 

1765, 497. 
Salem, 79. 
Saltonstall, Governor, 362, note. 



Sal tar, Richard, 449. 

Salter, Henry, 102. 

Saltertugas, 114. 

Sama, John de, 13, note. 

Samuel, 449. 

Sanballat, 319. 

Sanfoord, 159. 

Sandford, 159. 

Sandford, Major, 375. 

Sandy-Hook, 66, 93. 

Satterthwaite, James, 109. 

Saunders, Christopher, 99. 

Sehank, Garrat, 414, note. 

Schomberg, Duke of, 219. 

Schooley, Robert, 109. 

Schooley, Thomas, 102. 

Schuyler, Aarent, 362, note. 

Schuyler, Colonel Peter, 362, 

Scidit, Sheck, 425, 426. 

Scott, Benjamin, 93. 

Scots, 177. 

Scythian, 12. 

Season, Edward, 102. 

Sebastiana, 1, note. 

Second river, 493. 

Senecas, 136, 453. 

Servants, 103, note. 

Seymour's regiment, 400. 

Shackamaxon, 136. 

Shallet, Arthur, 207. 

Shamokin, 481. 

Sharp, Isaac, 97, note. 

Sharp, Thomas, 152, note. 

Sharp, William S., ii. to iv. 

Sheoppy, 149. 

Shepard, 355, note, 414, note. 

Shield, Samuel Towes, Captain 
of, first ship from England, in 
1676, 108. Names of some of 
the colonists who came in her. 
108, 109. 

Shinar, 15, note. 

Shinn, John, 109. 

Ship from London, in 1676, to 
West Jersey, partial list of the 
colonists who came in her, 109. 

Shrewsbury in 1669, 62. 

Shrewsbury Township, Lewia 
Morris' iron works at, in 1682, 
158. 

Siberia, 10 to 12. 

Six Nations, 461. 

Sketch, by John Jay Smith, of 
the Author's Life, v., vi. 

Skein, John, 109. 



608 



INDEX. 



Skinner, Thomas, 207. 

Slaney, John, 207. 

Sloane, Sir Hans, 13, note. 

Smith, 159. 

Smith's, Captain, voyages, 24, 

note. 
Smith, Daniel, v. 
Smith's family, colonists, 402, 

note. 
Smith, Emanuel, 409, note. 
Smith, John, v., 19, 151, 276, 

note. 
Smith, John Jay, iii. 
Smith, Mr. 219. ' 
Smith, Richard, v., vi., 436. 
Smith, Samuel, Author of this 

History, v., vi., 409. 
Smith, Seth, 109. 
Snakehill, 159. 
Snelling, William, 264, note. 
Somerset County, Statistics of, in 

1765, 492. 
Sonmans, Aarent, 156, 425. 
Son mans, Peter, 388, 389, 420, 

425. 
South river, 58, note. 
South week, 365, note. 
Spain, 1, note, 5. 
Spanlienberg, Joseph, 147, note. 
Spaniard, 5. 
Spanish river, 401. 
Spear, Samuel, 73. 
Spicer, J., 87, note. 
Spicer, Jacob, 455, 457. 
Spizelius, Theophilus, 9. 
Squissatego, 469. 
Stacy, 420. 
Stacey, John, 109. 
Stacey, Mahlon, 109. His letters 

describing New Jersey, 111 to 

114. 
Stacey, Robert, 69, note. 
Stamford, Earl of, 219. 
Stanford, 264. 
Standish, Captain, 18. 
Staten Island, 485, note. 
Station Point, North, 485. 
St. Croix, 59. 
St. Johns, James, 207. 
Steele, Benjamin, 207. 
Steenmetz, Casper, 161. 
Steenwick, Cornelius, 41 to 43, 49. 
Sterling, Earl of, 492. 
Stevens, John, 449, 457. 
Stevenson, William, 276, note. 



Stille, Isaac, 446, 456. 

Stockholm, 21. 

Stout, a Dutch woman saved from 
the Indians, 69. 

Stout, Richard, 63. 

Storms, Hail, 1718, 1742, 1758, 
409, 410. 

Strickland, Amos, 455. 

St. Salvador, 4. 

Stuyvesant, Peter, Governor of 
New Netherlands, 33. His ex- 
pedition, in 1665, against the 
Swedes on Delaware, and re- 
duction of the country under 
the Dutch flag, 33, 34. His 
surrender of New Amsterdam 
to the English, in 1664, 36 to 47. 

Subercasse, 367. 

Summers, Sir George, 17. 

Sunderland, 258, 259, 361, 366. 

Surrender of the sovereignty of 
New Jersey to the Queen, Par- 
ticulars of the, 209 to 261. 
Commotions precedent thereto, 
209, 211. Claini of Jeremiah 
Basse to be Governor, 210. 
Conflict between him and An- 
drew Hamilton, 210, 211. Di- 
vers petitions to the Crown for 
redress, 211. Petition of 224 
settlers in East Jersey against 
the arbitrary government of 
the Proprietors, 558 to 560, 
App. Memorial of the Pro- 
prietors of East Jersey, to 
the Lords of Trade, praying 
for annexation to New York, 
560 to 562, App. Favorable 
answer of the Lords of Trade, 
but without conditions, 562 
to 563, Petition of the Pro- 
prietors of East and West Jer- 
sey to the Lords Justices of 
England, in favor of Andrew 
Hamilton as Governor until 
the surrender, 565, 566, App. 
Representation of Lords of 
Trade concerning the confu- 
sion and commotion in New 
Jersey, and recommending that 
the Crown take possession of 
the Province and establish a 
regular government, 566 to 570, 
App. Memorial of 17 Propri- 
etors of East and West Jersey, 



INDEX 



609 



asking for permission to sur- 
render the government of the 
Provinces to the Crown, with a 
xeservation of all rights, privi- 
leges and liberties, 670 to 573, 
App. Full text of the Instru- 
ment of Surrender and Accept- 
ance, 211 to 220. Appointment 
of Lord Cornbury to be Gov- 
ernor of New Jersey, and full 
text of his Commission, 220 to 
230. Queen Anne's Instructions 
to Lord Cornbury, full text of, 
230 to 261. Members of his 
first Council, 231. 

Surrinam, 435. 

Susquehannah, 460. 

Susquehannocks, 27, note. 

Sussex County, Statistics of, in 
1765, 500. 

Swaine, Charles, 478. 

Swanandal, 58. 

Swarne, Samuel, 161. 

Swedeland, 21, note, 22. 

Sweden, New, 1627 to 1664, 22 
to 34. First landing of the 
Swedes, in 1627, and their pur- 
chase of lands from the Indi- 
ans, from the Capes of Dela- 
ware to the Falls, on both sides 
of the river, 22. Building of a 
fort at Hoarkill by the Dutch, 
in 1630, 22. Swedish forts built 
at various places on the river, 
23. Demand of Swedish Gov- 
ernment upon King Charles to 
surrender his dominion over 
New Sweden, 23. Encroach- 
ments of the Dutch and Swedes 
on each other and upon the 
English, 23. Fort Elsingburg 
built by the Swedes on the Del- 
aware, who compel all passing 
■svssels to come to, 23. Swedish 
Governors down to 1654, 20 to 
27. League of friendship be- 
tween the inhabitants and the 
Indians, 29. Keduction of all 
the Swedish forts by the Dutch, 
in 1655, 33 to 34. Keduction of 
the Dutch and Swedes to Eng- 
lish power, in 1664, 47, In- 
structions to Sir Robert Carre 
in his expedition against Dela- 
ware, 47, 68. Capitulation of 



New Castle to the English, 49, 
50. Colonel Nicolls assigned to 
the Government of Delaware, 
50 to 52. 

St. John, Island of, 7, note. 

Swampis, 149. 

Sweetable, John, 207. 

Syria, 425. 

T. 

Tagashata, 453, 459, 463, 464. 

Tahan, 13, note. 

Tandacass, 499. 

Tapiscawen, 472. 

Tappan creek, 479. 

Tartars, 12. 

Tartary, 10 to 15. 

Tashiowycan, 71. 

Tatbam, John, 201. 

Tatham, John, 191. 

Tattersall, Richard, 109. 

Taylor, Jacob. 135, 136, note. 

Taylor, Samuel, 103. 

Teedyescung, 446 to 483. 

Temple, Sir William, 142, note. 

Tennecum, 23. 

Terra del Fuego, 14, note. 

Terra del Labrador, 7, note. 

Tettamy, 449, 456. 

Thackery, Thomas, 151, 201. 

Thompson, Andrew, 165. 

Thompson, John, 208, note. 

Thompson, William, 207. 

Timber creek, 94, 95. 

Title of Crown to North America, 
Full account of, 24 to 28, note. 

Tokaaio, 461. 

Tomm, William, 69, 71. 

Towle, Percival, 201. 

Townley, Richard, 397. 

Treat, Robert, 161. 

Trent, John, 354. 

Trent, William, Chief Justice, 
419. 

Tunison, Cornelius, 276, note. 

Turks, 426. 

Turner, Robert, 156. 

Tuscaroras, 456. 

Tutelas, 456. 

Twelve Proprietors, their names, 
and names of their Twelve 
Partners, known as the Twen- 
ty-four Proprietors of East Jer- 
sey, 156. 



610 



INDEX. 



u. 

United Nations, 470. 

tJnwacon, 479. 
U&eling, William, 21. 
Utrecht, 358. 



Valedolid, 6, note. 

Van Buskirk, Law, 355, note. 

Van Este, Peter, 276, note. 

Vangezon, Isaac, 414, note. 

Vanquelin, Robert, 161. 

Varlett, Nicholas, 43. 

Venchin, 13, note. 

Venetian, 2, note, 6. 

Verlet, Nicholas, 161. 

Vernon, Mr. Secretary, 219. 

Vetch, Colonel, 359. " 

Vice-Comptroller, Mr., 219. 

Virginia, name of the country 
granted to ISir Walter Raleigh 
in 1584, 16. It covered New 
York and New Jersey, 17. 

Voltaire, 8. 

Vreeland, George, 475. 

Wadd, Sir Armigell, 167, note. 

Wade, Edward, 79. 

Wade, Samuel, 79. 

Wakecake, 63, note. 

Walgast, Otto, 55. 

Walker, Admiral, 400. 

Walker, Samuel, 231. 

Walpack, 440. 

Walpole, H., 16, note. 

Walter, R., 412. 

Wampum, its value as currency 
fixed, 76. Belts and strings of, 
in negotiating with the Indi- 
ans, 448 to 483. 

Warner, Edmund, 83 to 87. 

Warner, F., 143, note. 

Warner, Thomas, 156. 

Wasse, James, 80 to 85. 

.vatson, Luke, 62. 

Watson, John, 478. 

Watts, Michael, 207. 

Wawpingo, 456. 

Weekpink, 95, note, 484. 

Weequehelah, 441, note. 

Welch, Nathaniel, 219. 



Wells' Ferry, 486. 

Welsh, William, 190. 

Werden, Sir John, 117. 

Weiser, Conrad, 456, 458. 

West, Edward, 207. 

West India Company, 21. 

West India Islands, 188. 

West Jersey, Proprietors of, Me- 
morial of, resenting Lord Corn- 
bury's conduct, 336 to 345. 
Rights and privileges granted 
in the Queen's Instructions, 
and his breach of them, 336, 

337. Corrupt use of his power 
to pack the Assembly, 337, 

338. Right of the Assembly to- 
judge of the qualifications of 
their own members broken 
down by him, 338, 339. His 
Bill for extending the fran- 
chise, contrary to Instructions,, 
passed by his party, 339. Guar- 
anteed i-ighti of Proprietors' 
agents to sell their lands de- 
nied them, and fees illegally^ 
exacted by him for patenting 
lands, 342. Public records en- 
trusted by him to an enemy of 
the iProvince, 342. Appoint- 
ment of officers without con- 
sent of the Council, 343. Emi- 
gration of settlers from the 
Province the result of his ar- 
bitrary conduct, 343. Protest 
against his exclusion of three 
members of the Assembly of 
1707, and prayer that the 
Crown refuse assent to their 
acts, 344. Request for the res- 
toration of Lewis Morris to the 
Council, 345. Names of the 
signers of the Memorial, 345. 

West Jersey, Province of, sold to 
John Fenwick in trust for Ed- 
ward Byllinge and his assigns, 
79. Arrival of first English 
ship at Salem, bringing Fen- 
wick and other colonists, and 
their names in part, 79. Dif- 
ferences between Fenwick and 
Byllinge adjusted by William 
Penn, 79. Concessions by 151 
Proprietors for a form of Gov- 
ernment for West Jersey, full 
text of, 521 to 539, App. Deed 



INDEX 



611 



of partition between East and 
West Jersey, with all powers, 
privileges and immunities, 80. 
Letter and Instructions of 
Penn and his co-trustees, 83 to 
87. Epistle General of Pcnn 
and otlrei-s, giving reasons for 
their acceptance, of the trust, 
and explaining its nature and 
character, 88 to 91. Formation 
of two Quaker Companies in 
London and Yorkshire, for set- 
tling West Jersey, 92 and note. 
A ppointnient of Commissioners 
of Settlement and Government, 
and their names, 92. Their ar- 
rival, in 1677, in the ship Kent, 
with 230 others, chiefly Quak- 
ers, at Jvew Castle, 93. Arrival 
of the shipWilling Mind at El- 
singburg, with 60 or 70 colo- 
nists, and their names in part, 
102. Arrival of the Flieboat 
Martha, with 114 Yorkshire 
colonists, and their names in 
part, 102. Arrival of the Shield, 
in 1678, and also of a ship from 
London, with a large number 
of colonists, and their names 
in part, 109, 110. Samuel Jen- 
ings sent out as Deputy-Gov- 
ernor by Byllinge, 126. Funda- 
mentals of Government adopt- 
ed by the first Assembly of 
West Jersey, full text of, 126 
to 129. Abstract of laws of this 
Assembly, 129, 130. Eules for 
the government of the Land 
Commissioners, 130 to 135. 
Arrival of a ship of 550 tons, 
in 1682, with 360 colonists, 150, 
151. Their kind treatment by 
the Indians, 151. Meeting of 
the second Assembly of West 
Jersey, Thomas Olive, Speaker, 
and their names, 151. Proceed- 
ings of the same, 151, 152, and 
note. Jenings continued as 
Governor by the Assembly, 
under the concessions, 155. 
Distress for food in 1682, 155. 
Thomas Olive, GovQrnor in 
1684, and succeeded bv John 
Skein, in 1685, 189, 190. Dr. 
Daniel Coxe, Governor from 



1687 to 1690, 190. Edmund 
Hunloke, Deputy - Governor, 
succeeded by Andrew Hamil- 
ton, 1692, 192, 194. Governor 
Coxe's letter defining his posi- 
tion on taking the office of 
Governor, 190 to 194, note. 
Governor Andrew Hamilton, 
Governor of Pennsylvania a 
part of his term, 194. Scarcity 
of food in 1687, 195. Division 
line between the two Jerseys 
run by George Keith, in 1687, 
195, 196. Kectification tiiei-eof 
by Governors Coxe and Bar- 
clay, in 1688, 195 to 198. Coun- 
cil of Proprietors formed in 
1687 for taking up and gi-ant- 
ing lands, and their names, 199 
to 203. Minutes of tlieir pro- 
ceedings, 202 to 207. Kangers 
appointed in certain counties, 
207. Governor Coxe conveyed, 
in 1.691, the government of 
West Jersey to the West Jer- 
sey Society, consisting of 48 
members, and their names, 
207. 

Westminster, Mat., 120. 

West, Robert, 156. 

West Riding of Yorkshire, v. 

Wet harvest, 413. 

Wetherell, Cliristopher, 95 to 97, 
notes, 109. 

Wheat, Benjamin, 165. 

Wheeler, Robert, 344, note. 

White, Master, 24, note. 

White & Company, 158. 

White, Robert, 464. 

Whitehall, 7, note, 424. 

Whitehead, vi. 

Whiting, Joiin, 215. 

Wicaco, 23, note, 72, 98. 

Wilcocks, John, 207. 

Wilcox, Thomas, 156. 

Wild, Daniel, 219. 

Wilkinson, John, 99. 

Willet, Thomas, 36, note. 

William III., King of England, 
266, note, 373. 

Willis, Samuel, 63. 

Willocks, George, 394, 412. 

Wills, Daniel, 99, 108, 135. 

Wilis, John, 95, note. 

Wilmington, 22, note. 



612 



INDEX TO APPENDIX 11. 



Wioming, 481. 
Windress, 400. 

\Vingtield, Edmund Maria, 17. 
Wintlirop, John, 43. 
Wood, Thomas, 109, 110. 
Wood, William, 102. 
Woodbridge, 67, 158. 
Woodmancy, William, 99. 
Woodruff, Samuel, 449. 
Woodrutie, Thomas, 152, note. 
Woodward, Anthony, 283, note. 
Woolman, John, 109. 
Woolston, John, 99, 109, 209. 
Worrel, John, 109. 
Worth, Little, 419. 
Wright, Joshua, 151, 284. 



Wright, Thomas, 132. 

WVatt, Bartholomew, 288, note. 

W^yomink, 410. 

Y. 

Yorkshire Company, a Qiiakcr 
colony for settlers. West Jer- 
sey, formed in 1G77, 92. 

Yedzo, 13, note. 



Zane, Robert, 150. 

Zyl, Van, Captain, 110, note. 



INDEX TO APPENDIX II. 



A. 

Abbett, Leon, 584. 



Bainbridge, John, 579. 

Bancroft, 578. 

Barclay, Robert. Governor, 576, 

577,"581, 584.' 
Basse, Governor, 581, 582, 584. 
Bellamount, Governor, 581. 
Berkeley, 578. 
Biddle, William, 579. 
Bodleian Library, 575, 577. 
Bossa, Peter, 579. 
Budd, William, 579. 
Byllinge, Governor, 575, 576. 

O. 

Carteret, 578, 584. [584. 

Carteret, Phillip, Governor, 578, 
Catholic, 576, 579. 
Cox, Daniel, 575, 576, 577, 579, 
584. 



Davenport, Fran., 579. 
Deshler, Charles D., 583. 
Dubois, John, 579. 
Dudley, Joseph, Col., 577, 578. 
Dundas, James, 581. 



E. 

Ely, Joshua, 579. 
England, Daniell, 579. 



Folke, Thomas, 579. 

G. 

Gardner, Thomas, 579. 

H. 

Hamilton, Governor, 577, 579, 

580, 581, 582, 584. 
Hartshorne, Richard, 582. 
Hill's History, 576, 584. 
Hunloke, Edward, 575, 579 
Hunt, William, 579. 
Hutchinson, Thomas, 579. 

J. 

James II., 576, 579, 580. 
Jennings, Samuel, 584. 

K. 

King William, 580. 



INDEX TO APPENDIX II. 



613 



Lambert, John, 579. 
Lambert, Thomas, 579. 
Lee, B. F., Hon., 578. 
Leeds Daniel, 579. 
Leslier, Jacob, 584. 

M. 

Macauley's History, 580. 
Marriott, Isaac, 579. 
Marshal, James, 579. 
McCormick, John D., 575. 
Miles, William, 577. 
Myers, William, 579. 



Oldmixon, 575. 

Olive, Thomas, 576, 584. 



Papists, 579, 580. 
Pearson, 579. 
Pendergrass, 580. 
Portland, 580. 



Q. 



Quakers, 582. 

R. 

Rawlinson, 577. 
Revell, Thomas, 584. 



Eighton, William, 579. 
Rockhill, Edward, 579. 

S. 

Scattergood, Thomas, 579. 
Scull, G. D.,V375. 
Skene, John, 579. 
Smith's History, 576. 
Snowden, Christof, 579. 
Sowle, Brigall, 579. 
Stacey, Mahlon, 577, 579. 
Stuart, House of, 576. 



Talbot, John, Eev., 583. 

Tatliam, Elizabeth, 582. 

Tatham, John, 575, 576. Fii-st 
potter, 577. A judge of the 
court, 578. A C^atholic, 579. 
On Governor's Council, 579- 
58L Oath of supremacy, 581. 
His death, 582. His library, 
582. His house, 583. Over- 
looked as Governor, 584. 

Thomas, Gabriel, 583. 

■w. 

Wetherill, Christopher, 579. 
Whitehead, W. A., 577, 578. 
William IIL. 579, 580, 581. 
Wills, Daniel, 579. 
Wilson, Robert, 579. 
Woodward & Hageman, 580. 



